In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article VI herein. Where specific details and specifications are referenced in this chapter, the Town of Bergen Public Works Specifications shall apply.[1]
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.
Land shall be suited for the purpose for which it is to be developed
and the developer's engineer shall certify to such on the plans submitted
for approval. The Planning Board shall review proposed developments
on their individual merit, including preservation of rural/agricultural
land and their contribution to the Town. The subdivider shall strive
to comply with standards of good planning and environmental conservation
and adhere to the specification codes and ordinances or laws of the
Town as well as those rules of agencies having jurisdiction over any
particular phase of a development.
B.
Conformity to Official Map and Comprehensive Development
Plan. Subdivisions shall conform to the Official Map of the Town,
if such exists, and shall be in harmony with the Comprehensive Development
Plan.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the Town
of Bergen Public Works Specifications,[1] copies of which may be obtained from the Town Clerk upon
payment of the required deposit.
D.
Rural/agricultural planning guidelines. Developers
are encouraged to employ the following general principles in the layout
of proposed developments. These principles may serve as general guidelines
in the assessment of the impact of the development on the rural/agricultural
character of the Town.
(1)
Preserving rural character. A consideration of the
selection of subdivision locations shall be the preservation of rural/agricultural
open space areas in contiguous blocks of land to ensure the continuing
feasibility of agriculture in the Town. The siting of developments
upwind from areas subject to dust, noise, smoke, odors or similar
annoyances is considered desirable.
(2)
Compatibility with adjacent land uses. Development
plans which through lot layout, dwelling placement, landscaping and
vegetative screening seek to avoid conflict with neighboring land
uses will receive favorable consideration. Developments which improve
the view from the public roadway and blend into the existing natural
landscape are encouraged.
(3)
Protecting natural features. Whenever possible, the
development shall maintain the existing natural and scenic qualities
of the locality. Environmentally sensitive lands and scenic vistas
are to be protected. Individual lots, buildings, streets, drainage,
utilities and parking areas shall be designed and situated to minimize
alteration of existing grades and vegetation.
A.
Width, location and layout.
(1)
Streets shall be of sufficient width, suitably located,
and adequately constructed to conform to the Comprehensive Development
Plan, and to accommodate the prospective traffic and afford access
for fire fighting, snow removal and other road maintenance equipment.
The arrangement of streets shall be such as to cause no undue hardship
to adjoining properties and shall be coordinated so as to compose
a convenient system.
(2)
Streets should not be less than 400 feet in length
nor greater than 1,200 feet, with the optimum length being 800 feet.
Street openings into existing arterial streets shall, in general,
be at least 500 feet apart. Street jogs with center line offsets of
less than 125 feet shall be avoided. 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.
B.
Arrangement. 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 Planning Board, topographic or other
conditions make such continuance undesirable or impracticable, the
above conditions may be modified.
C.
Local streets. Local streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Special treatment along arterial streets. When a subdivision
abuts or contains an existing or proposed arterial street, the Board
may require marginal access streets, reverse frontage with screen
planting contained in a non-access reservation along the rear property
line, deep lots with rear service alleys, or such other treatment
as may be necessary for adequate protection of residential properties
and to afford separation of through and local traffic.
E.
Provision for future resubdivision. Where a tract
is subdivided into lots substantially larger than the minimum size
required in the zoning district in which the 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 this chapter.
F.
Dead-end streets (culs-de-sac). The creation of dead-end
or loop residential streets will be encouraged 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,
where needed or desirable, 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. Subdivisions containing
20 lots or more shall have at least two street connections with existing
public streets, or streets shown on the Official Map, if such exists,
or streets on an approved subdivision plat for which a bond has been
filed.
G.
Block size. Blocks generally shall not be less than
600 feet or more than 1,200 feet in length. In general, no block width
shall be less than twice the normal lot depth. In blocks exceeding
800 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
concrete sidewalk be included. In large blocks with interior parks,
in exceptionally long blocks, or where access to a school, shopping
center, or other community facility is necessary, a crosswalk with
a minimum walk six feet in width shall be provided.
H.
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of
the property, and all streets shall be arranged so as to obtain as
many of the building sites as possible at or above the grade of the
streets. Grades of streets shall conform as closely as possible to
the original topography.
I.
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; 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.
A.
Widths of right-of-way. Streets shall have the following
widths (when not indicated on the Comprehensive Development Plan or
Official Map, the classification of streets shall be determined by
the Town of Bergen Planning Board):
|
Minimum Right-of-Way
(feet)
| ||
|
Private
|
66
| |
|
Residential
|
66
| |
|
Commercial/industrial
|
66
|
B.
Improvements. Streets shall be graded and improved
with pavements, curbs and gutters, sidewalks, storm drainage facilities,
water mains, sewers, streetlights and signs, street trees, and fire
hydrants, except where waivers may be requested, and the Planning
Board may waive, subject to appropriate conditions, such improvements
as it considers may be omitted without jeopardy to the public health,
safety and general welfare. Pedestrian easements shall be improved
as required by the Town Engineer. Such grading and improvements shall
be approved as to design and specifications by the Town Engineer.
(1)
Fire hydrants. Installation of fire hydrants shall
be in conformity with all requirements of standard thread and nut
as specified by the New York Fire Insurance Rating Organization/Monroe
County Water Authority, Department of Health and authority having
jurisdiction.
(2)
Streetlighting facilities. Lighting facilities shall
be in conformance with the lighting system of the Town. If such system
does not exist, the lighting facilities shall be at the discretion
of the Planning Board. Such lighting standards and fixtures shall
be installed after approval by the appropriate power company and the
authorized Town electrical inspector. Such a system shall be designed
to keep light from illuminating areas outside of the developed site.
C.
Utilities in streets. The Planning Board shall require
that underground utilities be placed in the street right-of-way between
the paved roadway and street line to simplify location and repair
of lines when they require attention. Private utilities shall be in
permanent easement abutting the street right-of-way. The subdivider
shall install underground service connections to the property line
of each lot within the subdivision for such required utilities before
the street is paved.
D.
Utility easements.
(1)
Where topography is such as to make impractical the
inclusion of utilities within the street rights-of-way, perpetual
unobstructed easements at least 20 feet in width shall be otherwise
provided with satisfactory access to the street. 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. No structure shall have its foundation
built less than five feet from any easement line.
(2)
It is required for each customer to name the Village,
The Town of Bergen and the sewer district and their successors and
assigns, as a grantee on a permanent easement for all facilities connected
to the Village sewer system, including the lateral and septic tank.
E.
Grades. Grades of all streets shall conform in general
to the terrain, and shall not be less than .5% or more than 6%, but
in no case more than 1% within 50 feet of any intersection.
F.
Changes in grade. All changes in grade shall be connected
by vertical curves of such length and radius as meet with the approval
of the Town Engineer so that clear visibility shall be provided for
a safe distance.
G.
Curve radii at street intersections. All street right-of-way
lines at intersections shall be rounded curves of at least 30 feet
radius and curbs shall be adjusted accordingly.
H.
Steep grades and curves, visibility at intersections.
A combination of steep grades and curves shall be avoided. In order
to provide visibility for traffic safety, that portion of any corner
lot (whether at an intersection entirely within the subdivision or
of a new street with an existing street) which is shown shaded on
Sketch A shall be cleared of all growth (except isolated trees) and
obstructions above the level of three feet higher than the center
line of the street. If directed, ground shall be excavated to achieve
visibility.
|
Sketch A
 |
I.
Dead-end streets (culs-de-sac). Where dead-end streets
are designed to be so permanently, they should, in general, not exceed
500 feet in length, and shall terminate in a turnaround conforming
with the Town of Bergen Public Works Specifications.[1] The Town Highway Superintendent may waive the requirement
to pave a temporary turnaround.
J.
Watercourses.
(1)
Where a watercourse separates a proposed street from
abutting property, provision shall be made for access to all lots
by means of culverts or other structures of design approved by the
Town Engineer.
(2)
Where a subdivision is traversed by a watercourse,
drainage way, channel or stream, there shall be provided to the Town
of Bergen at no cost a stormwater easement or drainage right-of-way
conforming substantially with the line of such watercourse and of
such width as will be adequate to preserve natural drainage and maintain
the same.
K.
Curve radii. In general, street lines within a block,
deflecting from each other at any one point by more than 10°,
shall be connected with a curve, the radius of which for the center
line of the street shall conform with the Town of Bergen Public Works
Specifications.
L.
Service streets or loading space in nonresidential
development. Paved rear service streets of not less than 20 feet in
width, or in lieu thereof, adequate off-street loading space, suitably
surfaced, shall be provided in connection with lots designed for nonresidential
use.
M.
Free flow of vehicular traffic abutting nonresidential
developments. In front of areas zoned and designed for nonresidential
use, or where a change of zoning to permit nonresidential 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 nonresidential
or business district.
A.
Type of name. All streets shall be named subject to
the approval of the Town Board. In general, streets shall have names
and not numbers or letters.
B.
Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names except that streets that join
or are in alignment with streets of an abutting or neighboring property
shall bear the same name. No street should change direction by more
than 90° without a change in street name or as approved by the
Town Planning Board.
C.
Street signs. Street signs shall be provided by the
developer at all intersections and other locations deemed necessary
and shall be of a type approved by the Highway Superintendent.
A.
Lots to be buildable.
(1)
The lot arrangement shall take into consideration
that any building construction shall conform to the topography and
the other natural conditions of land.
(2)
Plats reviewed under the provisions of § 278
of the Town Law shall result in a number of lots which shall not exceed
the number which could be permitted, in the Planning Board's judgment,
if the land were subdivided into lots conforming to the minimum lot
size and density requirements of the applicable Zoning Law.[1] In the event that the application of this procedure results
in a plat showing lands available for park, recreation, open space,
or other municipal purposes directly related to the plat, then the
Planning Board may establish such conditions on the ownership, use,
and maintenance of such lands as it deems necessary to assure the
preservation of such lands for their intended purposes.
B.
Side lines. All side lines of lots should be at right
angles to straight street line and radial to curved street lines,
unless in the judgment of the Planning Board a deviation from this
rule will give a better street or lot plan.
C.
Corner lots. In general, to provide desirable building
lots, corner lots should be larger than interior lots to provide for
proper building setback from each street.
D.
Driveway access and turnarounds.
(1)
Driveway access and grades shall conform to the specifications
contained herein. Driveway grades between the street and the setback
line shall not exceed 10%. Driveways with a grade in excess of 3%
shall have an area suitable for parking two automobiles at a grade
not exceeding 1% at the end away from the street. Combined or common
driveway curb cuts are encouraged when practical and at the discretion
of the Planning Board. Two car turnarounds shall be provided for unless
waived by the Town Planning Board.
(2)
The installation of driveway culverts requires the
approval and a permit for culvert location, size and material from
the state, county or Town Highway Department having jurisdiction over
a given road. New driveway culvert installation shall be the responsibility
of the subdivider following the receipt of a permit.
(3)
The Town reserves the right to remove and/or install
driveway or roadway culverts along any existing road to properly transmit
surface drainage as determined by the Town Engineer and/or the Superintendent
of Highways.
(4)
Where driveway is proposed to be in excess of 1,000
feet in length, the subdivider is required to install a reference
marker provided by Fire Department at each one-thousand-foot interval.
E.
Access from private streets. Access from private streets
shall be deemed acceptable only if such streets are designed and improved
in accordance with this chapter.
F.
Monumentation of the major subdivision.
(1)
Property boundary monuments shall be of concrete or
stone, a minimum six-inch diameter and reinforced with metal as detailed
in the Town of Bergen Public Works Specifications.[2] Property boundary monuments shall be required for each
subdivision comprising of five or more lots. Monuments shall be set
in the out boundaries of the lands subdivided, at each point where
there is a change of alignment. Except where the boundary is a watercourse,
the monuments shall be offset in the line of the adjacent traverse.
Two street boundary monuments shall be set at diagonally opposite
corners of each street intersection; also on one side of a curve in
a street at the point of tangency and at the point of curvature.
(2)
Each lot in the subdivision shall be referenced by
two lot boundary markers located at the intersection of the side boundary
lines of the lot and the front property line and at each change of
alignment. Lot boundary line markers shall be of metal rod or pipe
not less than 3/4 inch in diameter and 42 inches in length and driven
so that the top of the marker is flush with the level of the improved
ground stone as detailed in the Town of Bergen Public Works Specifications.[3] A letter from a New York State licensed land surveyor
shall be provided certifying that all monuments are installed as shown
on the approved plat.
A.
Removal of spring and surface water. The subdivider
may be required by the Planning Board to carry away by pipe or open
ditch any spring or surface water that may exist either previous to,
or as a result of the subdivision. Such drainage facilities shall
be located in the street right-of-way where feasible, or in perpetual
unobstructed easements of appropriate width. Any drainage ditch or
watercourse deemed significant by the Town or its agents as an important
factor in maintaining or improving local stormwater management conditions
shall be cleared of brush and debris and regraded (if necessary) to
assure positive drainage.
B.
Drainage facility to accommodate potential development upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from the entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer shall approve the design and size of facility based on procedures outlined in Chapter 379, Public Works Specifications, and SPDES general permit. Where conditions downstream warrant, the Planning Board, at its sole discretion, may require design and size of facility based on anticipated runoff from up to one-hundred-year storm.
C.
Responsibility for drainage downstream. The subdivider's
engineer shall also study the effect of each subdivision on the existing
downstream drainage facilities outside the area of the subdivision;
this study shall be reviewed by the Town Engineer. Where it is anticipated
that the additional runoff incident to the development of the subdivision
will overload an existing downstream drainage facility during a two-year
storm, the Planning Board shall notify the Town Board of such potential
condition. In such case, the Planning Board shall not approve the
subdivision until provision has been made for the correction of said
condition.
D.
Land subject to flooding. Land subject to flooding
as determined by FEMA maps or land deemed by the Planning Board to
be uninhabitable shall not be platted for residential occupancy, nor
for such other uses as may increase danger to health, life or property,
or aggravate flood hazard, but such land within the plat shall be
set aside for such uses as shall not be endangered by periodic or
occasional inundation or improved in a manner satisfactory to the
Planning Board and Town Engineer to remedy said hazardous conditions.
E.
Erosion and sediment control.
(1)
It is the Town's intent to control soil movement by
employing effective erosion and sediment control measures before,
during and after site disturbance. Reference shall be made to the
Stormwater Management and Erosion Control Law, Local Law No. 2 of
1992, as adopted by the Town of Bergen on August 1, 1992, and latest
revisions.[1]
(2)
Erosion and sediment control measures, both temporary
and permanent, must be designed and presented for approval to the
Planning Board prior to any site development or soil disturbance.
A stormwater pollution prevention plan (SWPPP) shall be prepared for
all subdivisions which include construction resulting in soil disturbance
exceeding one acre. At a minimum, the SWPPP shall include erosion
and sediment controls. The SWPPP shall also include water quality
and quantity controls (postconstruction stormwater control practices)
except in the case where soil disturbance is between one and five
acres of land for the construction of single-family residences and
construction activities at agricultural properties.
(3)
The Planning Board and its designated representatives
will evaluate submitted erosion and sediment control design plans
against the most current edition of New York State Standards and Specifications
for Erosion and Sediment Control.
A.
Open development areas.
(1)
The Town Board may, by resolution, establish an open
development area or areas within the Town, wherein permits may be
issued for the erection of structures to which access is given by
right-of-way or easement, upon such conditions and subject to such
limitations as may be prescribed by general or special rule of the
Planning Board.
(2)
Open development areas are to be authorized only in
landlocked conditions where there is no other means of access and
where in the judgment of the Planning Board the open development area
is deemed in the interest of public health safety and general welfare
of the neighborhood as well as for the open development area. Open
development areas are for residential purposes. For the purposes of
this section, the word "access" shall mean that the plot on which
such structure is proposed to be erected directly abuts on such street
or highway and has sufficient frontage thereon to allow the ingress
and egress of fire trucks, ambulances, police cars and other emergency
vehicles, and, a frontage of 60 feet shall presumptively be sufficient
for that purpose.
B.
Recreation areas shown on Town plan. Where a proposed park, playground, or open space shown on the Town Plan is located in whole or in part in a subdivision, the Board shall require that such areas be shown on the plat in accordance with the requirements specified in Subsection D below. Such area or areas may be dedicated to the Town or county by the subdivider if the Town Board approves such dedication. In general, local playgrounds and recreational areas shall be located so that they may be reached by walking without crossing an arterial street within the subdivision.
C.
Parks and playgrounds not shown on Town plan.
(1)
The Planning Board shall require that the plat show
sites of a character, extent, and location suitable for the development
of a park, playground, or other recreation purpose. The Planning Board
may require that the developer satisfactorily grade any such areas
shown on the plat.
(2)
The Board shall require that not less than 10% of
the total area of the subdivision shall be provided as recreation
area. Such area or areas may be dedicated to the Town by the subdivider
if the Town Board approves such dedication.
D.
Information to be submitted. In the event that an
area to be used for a park or playground is required to be so shown,
the subdivider shall submit, prior to final approval, to the Board,
one Mylar copy and two copies on stable base material showing, at
a scale of not less than 30 feet to the inch, such area and the following
features thereof:
(1)
The boundaries of the said area, giving lengths and
bearings of all straight lines; radii, lengths, central angles and
tangent distances of all curves.
(2)
Existing features such as brooks, ponds, clusters
of trees, rock outcrops, structures.
(3)
Existing and, if applicable, proposed changes in grade
and contours of said area and of area immediately adjacent.
(4)
Plan of the proposed development of recreation area,
the equipment and facilities to be provided and constructed by the
developer, the final ownership of and maintenance responsibility for
the area, and the time schedule for completion of improvements.
(5)
Prior to such lands being dedicated to the Town, a
Phase I Environmental Site Assessment shall be completed by the applicant
using generally accepted practices at their expense.
E.
Waiver of plat designations of area for parks and
playgrounds.
(1)
In cases where the Planning Board finds that due to
the size, topography, or location of the subdivision, land for park,
playground or other recreation purpose cannot be properly located
therein, or if in the opinion of the Board it is not desirable, the
Board may waive the requirement that the plat show land for such purposes.
The Board shall then require as a condition to approval of the plat
a payment to the Town (see Fee Schedule[1]) per each proposed lot in the proposed subdivision.
[1]
Editor's Note: Current Fee Schedule is on file in the Town
offices.
(2)
Such amount shall be paid to the Town Planning Board
at the time of final plat approval, and no plat shall be signed by
the authorized officer of the Planning Board until such payment is
made. All such payments shall be held by the Town Board in a special
Town Recreation Site Acquisition and Improvement Fund to be used for
the acquisition of land that: is suitable for permanent park, playground
or other recreational purposes; and is so located that it will serve
primarily the general neighborhood in which the land covered by the
plat lies; and shall be used only for park, playground or other recreational
land acquisition or improvements. Such money may also be used for
the physical improvement of existing parks or recreation areas serving
the general neighborhood in which the land shown on the plat is situated,
providing the Town Board finds there is a need for such improvements.
F.
Reserve strips prohibited. Reserve strips of land,
which might be used to control access from the proposed subdivision
to any neighboring property, or to any land within the subdivision
itself, shall be prohibited.
G.
Preservation of natural features.
(1)
The Planning Board shall, wherever possible, establish
the preservation of all natural features which add value to residential
developments and to the community, such as large trees or groves,
watercourses and falls, beaches, historic spots, vistas and similar
irreplaceable assets. No tree with a diameter of eight inches or more,
as measured three feet above the base of the trunk, shall be removed
unless such tree is within the right-of-way of a street as shown on
the final subdivision plat. Removal of additional trees shall be subject
to the approval of the Planning Board. In no case, however, shall
a tree with a diameter of eight inches or more, as measured three
feet above the base of the trunk, be removed without prior approval
by the Planning Board. All existing trees of above diameter shall
be marked on plat plans.
(2)
While it is understood that areas for roads and buildings
must be clear-cut, the owner or developer shall not clear-cut the
remaining portions of the lots in their subdivision. Where clear-cutting
is necessary, it shall be indicated on the site plan and no clearing
shall be accomplished until the plan is approved.
(3)
There shall be no clear-cutting permitted on slopes
greater than 15% in grade. However, selective cutting or trimming
is permitted consistent with silviculture standards.
A.
Utility requirements.
(1)
Water supply. Where public water is available from
the Town or another municipality or authority, connection is mandatory
if the developed property is within 50 feet times the number of water
usage units from the nearest water main which will exist when the
property is ready for use, to the nearest point of the property. Domestic
water service and fire protection from a Town water district or water
authority is preferred in all cases. If the property being developed
is in a district, or within a distance of 50 feet times the ultimate
number of water usage units from the nearest available main to the
nearest point of the property, a water district or extension is mandatory
if public water is available. For other situations, the Planning Board
will classify the development as Type 1 (full street mains, hydrants,
valves, etc., on the property, temporarily fed by a common local system)
or Type II (individuals' local supplies, with a guarantee to join
the water district when one is proposed for that area). Where driveway
is proposed to be in excess of 1,000 feet in length, the subdivider
is required to install a reference marker provided by the Fire Department
at each one-thousand-foot interval. Water district must be formed
prior to sale of lots.
(2)
Sanitary sewer. Where sanitary sewerage facilities
are available, from the Town or another municipality or authority,
connection is mandatory if the developed property is within 50 feet
times the number of water usage units from the nearest sewer which
will exist when the property is ready for use, to the nearest point
of the property.
(3)
Storm sewer.
(a)
In general, complete street storm sewers, suitable
for road and yard drainage, and available for sump pump or cellar
drain connection from each building without crossing other owner's
property, are required. Surface drainage by swales shall cross no
more than two lots without being intercepted by storm sewers. Main
ditches will be permitted for preexisting streams provided easements
are dedicated as shown on the Town Master Drainage Plan or as designated
by Town Engineer. All drainage plats or plans shall show the flow
route to the nearest stream designated on the Master Drainage Plan
or as designated by Town Engineer, even if it is off the development
site. Plans shall show pipe sizes and grades, ditch cross-sections
and grades, and be accompanied by engineer's computations showing
the adequacy of the pipes and channels. Each drainage facility shall
be large enough to accommodate potential runoff from the entire upstream
drainage area, whether inside or outside the development or subdivision.
(b)
The subdivider's engineer shall also study the
effect of each development or subdivision on the existing downstream
drainage facilities outside the area of the subdivision; this study
shall be reviewed by the Town Engineer. Where it is anticipated that
the additional runoff incident to the development of the subdivision
will overload an existing downstream drainage facility during a two-year
storm, the Town Engineer shall not approve the subdivision until provision
has been made for the improvement of said condition. Computations
showing this drainage design shall accompany the sketch plan for minor,
and the preliminary plat or plan for major subdivisions or developments.
(4)
Electric, gas, cable and telephone. Location of proposed
utilities shall be indicated on the plans. Electric and telephone
installation for new subdivisions and developments shall be underground,
unless otherwise permitted by the Planning Board.
B.
Special requirements for mobile home parks, multiple-family dwellings, commercial and industrial development. Land to be developed into mobile home parks, multiple-family dwellings, commercial, and industrial areas have special design requirements. In addition to the requirements of Chapter 475, Zoning, the Town of Bergen Public Works Specifications,[1] the general subdivision regulations, and this section,
the Planning Board and the Town Engineer may specify additional requirements
which they find are reasonably prudent and desirable due to the proposed
use, location, and nature of the project.
(1)
Mobile home parks.
(a)
The streets in a mobile home park providing
access to mobile home sites and to conventional buildings within the
mobile home park shall be built to Town subdivisions standards.
(b)
Each lot shall have a driveway with enough space
for off-street parking for two automobiles. In addition, for each
group not exceeding six mobile homes, paved visitors' parking area
suitable for three automobiles per six mobile homes shall be provided.
The visitor parking may be within the street right-of-way outside
the pavement limits. Along all property lines abutting lands used
for purposes other than mobile home parks, there shall be a strip
of land at least 30 feet wide which shall be maintained as a landscaped
buffer zone. Along all sides fronting on a street shown on the official
map or proposed on the Road Master Plan, a landscaped buffer strip
100 feet in width shall be maintained.
(c)
At least 10% of the area of the mobile home
park shall be permanently provided and maintained for use as playground,
park or recreational area.
(d)
Water mains shall be installed so that each
mobile home shall have an individual direct service. Valves shall
be placed on each branch of all intersections, and line valves not
over 1,000 feet apart. Hydrants shall deliver a minimum of 500 gallons
per minute, with a residual pressure of 20 psi, assuming a simultaneous
use of five gpm per mobile home in the park. Maximum hydrant spacing
shall be 500 feet.
(e)
Each mobile home shall have an individual sanitary
sewer lateral, connected to a sewer of a size conforming to local
sewer laws. Storm sewer will generally be required throughout. Sufficient
inlets shall be provided so that water shall not run over more than
250 feet of pavement or ground. If drainage in open ditches is allowed,
the area of such ditches shall not be included in the area of any
lots.
(f)
Electric, telephone, and cable lines shall be
underground. These lines, as well as all water, sanitary sewer, drainage
facilities, and sidewalks which are not in the street, shall be placed
in easements, which shall be shown on the final subdivision plat.
(2)
Multiple-family residential developments.
(a)
In developments of multiple-family residences,
any street leading to 20 or more dwelling units shall be public. Sufficient
off-street parking, including garages, shall be provided for five
cars per two dwelling units, and sidewalks shall be provided along
streets, as well as between buildings, connecting all buildings to
recreation, parking office, and any permitted commercial areas. At
least 10% of the area of the land in the development shall be permanently
provided and maintained for use as playground, park or recreation
area. This shall be conveniently located, and shall have appropriate
sound buffers between active recreation areas and dwelling areas.
Along all property lines abutting lands used for purposes other than
multiple-family residences, there shall be a strip of land 30 feet
wide, which shall be maintained as a landscaped buffer zone. Buffer
areas shall be in addition to the required recreation areas.
(b)
Water mains shall be installed so that each
dwelling unit shall have an individual service. Valves, hydrants,
and pipe size shall be in conformity with all requirements of the
New York Insurance Service Organization. At least one hydrant shall
be provided for each 15 dwelling units. Each dwelling unit shall have
a sanitary sewer lateral to a main sewer of a size conforming to appropriate
local sewer laws. Storm sewers will generally be required. Sufficient
inlets shall be provided so that water shall not run over more than
250 feet of pavement or ground. Electric and telephone lines shall
be underground. All underground utilities shall be placed in permanent
easements.
(3)
Commercial developments.
(a)
Streets and sidewalks in commercial developments shall be located where needed for vehicular and pedestrian traffic, respectively. Sidewalks to the commercial area shall be available within 100 feet of any parking space. Sufficient off-street parking shall be provided so that there is one off-street parking space for every 100 square feet of commercial area, plus other parking requirement detailed in Chapter 475, Zoning.
(b)
Along all property lines abutting lands used
for purposes other than commercial, there shall be a strip of land
30 feet wide which shall be maintained as a landscaped buffer zone.
Similar lawn and landscaped buffers shall be provided wherever the
public has a view of the commercial buildings or parking.
(c)
A water supply, including hydrants, sufficient
to meet the requirements of the New York Insurance Service Organization,
should be installed. The water supply and sanitary sewage disposal
system shall be acceptable to the Genesee County Department of Health.
Storm sewers will generally be required. Sufficient inlets shall be
provided so that water shall not run over more than 300 feet of pavement
or ground. Electric, telephone, and cable lines shall be placed underground,
and at the rear of buildings. All underground and overhead utilities
shall be placed in permanent easements.
(4)
Industrial developments.
(a)
Streets and sidewalks in industrial developments
shall be semipublic, and shall be located where needed for vehicular
and pedestrian traffic, respectively. Sufficient off-street parking
shall be provided for all motor vehicles used in the business, all
employees' cars, and all visitors' cars.
(b)
Along all property lines abutting lands used
for purposes other than industrial, there shall be a strip of land
100 feet wide which shall be maintained as a landscaped buffer zone.
Lawn and landscaped buffers shall be provided wherever the public
has a view of the industrial buildings or parking.
(c)
A water supply, including hydrants, sufficient
to meet the requirements of the New York Insurance Service Organization,
shall be installed. The water supply and sanitary sewage disposal
system shall be acceptable to the Genesee County Department of Health.
Storm sewers will generally be required. Sufficient inlets shall be
provided so that water shall not run over more than 300 feet of pavement.
Electric and telephone lines shall be placed underground if feasible.
All underground and overhead utilities shall be placed in permanent
easements.
A.
Hardships. Where the Planning Board finds that because
of unusual circumstances of shape, topography or other physical features
of a proposed development, extraordinary hardship may result from
strict compliance with this chapter, the Planning Board may specifically
waive portions of this chapter with Town Board approval so that substantial
justice may be done and the public interest secured; provided that
no such waiver shall be granted which will have the effect of nullifying
the intent and purpose of this chapter or any other pertinent rules,
regulations or ordinances of the Town of Bergen.
B.
Large-scale development. The standards and requirements
of this chapter may be modified by the Planning Board with Town Board
approval in the case of a plan and program for a new community or
a neighborhood unit, which in the judgment of the Planning Board provides
adequate public spaces and improvements for the circulation, recreation,
light, air and service needs of the tract when fully developed and
populated and which also provides such covenants or other legal provisions
as will assure conformity to the achievement of the plan.
C.
Conditions. In granting modifications, the Planning
Board may require such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so modified.
D.
Amendments. The rules and regulations as set forth
above may be amended, altered or revised by the Planning Board from
time to time, after public hearing and subject to the adoption of
the Town Board per § 271 of the Town Law.
The Town of Bergen has a Fee Schedule on file
at the Town Clerk's Office. Copies of this schedule are available
and any fees due the Town must be paid in full before approvals are
considered.
