Town of Kingsbury, NY
Washington County
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Table of Contents
Table of Contents

§ 240-11 Standards to be minimum requirements.

In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article V herein.

§ 240-12 Land requirements; conformity required.

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.
B. 
Conformity to Official Map and Master Plan. Subdivisions shall conform to the Official Map of the Town and shall be in harmony with the Master Plan, if such exists.
C. 
Specifications for required improvements. All required improvements shall be constructed or installed to conform to the Town specifications, which may be obtained from the Engineer for the Town.

§ 240-13 Street layout.

A. 
Width, location and construction. Streets shall be of sufficient width, suitably located and adequately constructed to conform with the Master Plan, if such exists, 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.
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. 
Minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged.
D. 
Special treatment along major arterial streets. When a subdivision abuts or contains an existing or proposed major arterial street, 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 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 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 this part.
F. 
Dead-end streets. The creation of dead-end or loop residential streets will be allowed wherever the Board finds that such type of development will not interfere with normal traffic circulation or protection of property and public health 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.
G. 
Block size. Blocks generally shall not be less than 400 feet nor 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 paved footpath be included.
H. 
Intersections with collector or major arterial roads. Minor or secondary street openings into such roads shall, in general, be at least 500 feet apart.
I. 
Street jogs. Street jogs with center line offsets of less than 125 feet shall be avoided.
J. 
Angle of intersection. 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.
K. 
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.
L. 
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 distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

§ 240-14 Street design.

A. 
Widths of rights-of-way. Streets shall have the following widths. (When not indicated on the Master Plan or Official Map, if such exists, the classification of streets shall be determined by the Board.)
Classification
Minimum Right-of-Way
(feet)
Minimum Pavement
(feet)
Local streets
50
24
Major streets
66
30
Collector streets
60
24
B. 
Improvements.
(1) 
Streets shall be graded and improved with pavements, curbs and gutters, sidewalks, storm drainage facilities, water mains, sewers, street trees and fire hydrants in such a manner as to meet the minimum requirements of the Town Board and the standards established as part of the Comprehensive Plan of the Town.
(2) 
Waivers may be requested and the Planning Board may waive sections or reduce the standards established as part of the Comprehensive Plan, subject to appropriate conditions, where such improvements in the judgment of the Planning Board may be omitted or altered 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.
(a) 
Fire hydrants. Installation of fire hydrants shall be in conformance with Town standards.
(b) 
Streetlighting facilities. Lighting facilities shall be in conformance with the lighting system of the Town. Such lighting standards and fixtures shall be installed after approval by the appropriate power company and the authorized Town Electrical Inspector.
C. 
Utilities in streets. The Planning Board shall, wherever possible, 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. 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. Where topography is such as to make impractical the inclusion of utilities within the 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.
E. 
Grades. Grades of all streets shall conform in general to the terrain, and shall in general be not less than 1/2 nor more than 6% for major or collector streets, or 10% for minor streets in residential zones, but in no case more than 3% 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 by curves of at least a twenty-foot radius and curbs shall be adjusted accordingly.
H. 
Steep grades and curves; visibility of 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 three feet higher than the center line of the street. If directed, ground shall be excavated to achieve visibility.
240 Sketch A.tif
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 circular turnaround having a minimum right-of-way radius of 60 feet and pavement radius of 50 feet. At the end of temporary dead-end streets a temporary turnaround with a pavement radius of 50 feet shall be provided, unless the Planning Board approves an alternate arrangement.
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, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Town Engineer, and in no case less than 20 feet in width.
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 streets shall not be less than 400 feet on major streets, 200 feet on collector streets and 150 feet on minor streets.
L. 
Service streets or loading space in commercial 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 commercial use.
M. 
Free flow of vehicular traffic abutting commercial developments. 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.

§ 240-15 Street names.

A. 
Type of name. All street names shown on a preliminary plat or subdivision plat shall be approved by the Planning 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. Generally, no street should change direction by more than 90° without a change in street name. Names of existing streets within the Town shall not be reused.

§ 240-16 Lots.

A. 
Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with the Zoning Ordinance,[1] there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
[1]
Editor's Note: See Ch. 280, Zoning.
B. 
Side lines. All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street or lot plan.
C. 
Corner lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site.
D. 
Driveway access. Driveway access and grades shall conform to specifications of the Town driveway ordinance, if one exists.
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 part.
F. 
Monuments and lot corner markers. Permanent monuments, meeting specifications approved by the Engineer for the Town as to size, type and installation, shall be set at such block corners, angle points, points of curves in streets and/or points as the Engineer for the Town may require, and their location shall be shown on the subdivision plat.
[Amended 3-13-2000 by L.L. No. 3-2000]

§ 240-17 Drainage improvements.

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. The design of such facilities shall be performed by a licensed professional engineer in conformance with standards set by the Engineer for the Town.
[Amended 3-13-2000 by L.L. No. 3-2000]
B. 
Drainage structure to accommodate potential development upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Engineer for the Town shall approve the design and size of facility based on anticipated runoff from a design storm under conditions of total potential development permitted by the Zoning Ordinance[1] in the watershed. The Engineer for the Town shall establish the recurrence interval of the design storm.
[Amended 3-13-2000 by L.L. No. 3-2000]
[1]
Editor's Note: See Ch. 280, Zoning.
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 Engineer for the Town. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a five-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 improvement of said condition.
[Amended 3-13-2000 by L.L. No. 3-2000]
D. 
Land subject to flooding.
(1) 
Land which has been classified by the Federal Insurance Administration as a floodplain area having special flood hazard shall not be platted for residential development, nor for such other uses deemed by the Planning Board to increase the danger to health, life or property or aggravate the flood hazard, but such lands within any plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or shall be improved in a manner satisfactory to the Planning Board to remedy said hazardous conditions.
(2) 
Fill or encroachments within the floodway, as designated by the Federal Insurance Administration, which would impair its ability to carry and discharge the waters resulting from the one-hundred-year flood, are prohibited.

§ 240-18 Parks, open spaces and natural features.

A. 
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 area or areas be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the Town by the subdivider if the Town Board approves such dedication.
B. 
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 to the Board, prior to final approval, three prints (one on cloth) drawn in ink 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 or structures.
(3) 
Existing and, if applicable, proposed changes in grade and contours of the said area and of areas immediately adjacent.
C. 
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.
D. 
Preservation of natural features. 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.