Town of Delaware, NY Design Standards

Length. Blocks shall ordinarily not exceed 2,000 feet in length.

Width. Blocks shall be of sufficient width to permit two tiers of lots of appropriate depth, except where an interior street parallels a major street or where it backs up to a railroad, creek or other natural barrier or unsubdivided area.

Interior streets. Where a subdivision adjoins a major state or county highway, the greater dimension of the block shall front along said highway, and interior streets may be required to minimize the number of points of access. Such streets may be required whenever topographic conditions, traffic density or lack of proper sight distance dictate for reasons of health and safety. Any subdivision of five lots or more with frontages averaging less than 150 feet along the highway or any subdivision of property in a Commercial Zoning District may be subject to this requirement, if the Planning Board determines, after inspection, that it is necessary for the above-stated reasons.

Culs-de-sac. Cul-de-sac streets, permanently designed as such, shall not exceed 1,200 feet in length. Cul-de-sac streets shall have at the closed end a turnaround with the right-of-way having a minimum outside radius of not less than 50 feet and shall be paved to a radius of not less than 40 feet. Drainage of culs-de-sac shall preferably be toward the street end.

Lots.

Lot lines. All side lines of lots shall be at approximate right angles to straight street lines and radial to curved street lines, except where a variation to this rule will provide a safer layout or improve the orientation of the lots for purposes of solar access. Panhandle lots with limited road frontage shall generally not be permitted.

Double frontage. Double frontage lots shall ordinarily not be planted, except as specifically provided herein. In that event a planting strip of at least 20 feet in width may be required along the back of the lot.

Land remnants. Remnants of land shall not be permitted. All land in a subdivision shall be incorporated into lots, areas of improvements or designated common area.

Corner lots. Corner lots shall have a lot width of at least 100 feet on each right-of-way. Either of the two sides of a corner lot may be designated as the front, provided the rear yard shall always be opposite the frontage so designated. All corner lots shall have a curve with a minimum radius of 25 feet joining the intersecting right-of-way lines.

(5)

Street frontage. All lots shall front on a public or private street (existing or proposed).

(6)

Zoning standards. In all cases, the dimension standards contained within Chapter 220, Zoning, shall apply to all lots created.

(7)

Markers. The corner of each lot shall be marked to permanently and accurately define the metes and bounds of the block and lots created.

(8)

Building lots. Each lot shall contain a suitable area in terms of topography and other natural conditions for construction of the proposed building type in compliance with Town Law and the New York State Uniform Fire Prevention and Building Code without foreseeable difficulties. All lots intended for single-family residential dwellings shall contain a buildable portion with a dwelling site and sewage disposal site of not less than 10,000 square feet; 5,000 square feet when served by public or community sewage disposal. The buildable area shall be situated to permit the siting of the dwelling while meeting all code requirements and shall have an average slope of 15% or less.

(9)

Municipal boundaries. Lot lines shall follow municipal and county boundary lines rather than cross them.

(10)

Reserve strips. Reserve strips controlling access to lots, public rights-of-way, public lands or adjacent private lands are prohibited.

§ 186-22 Common open space.

Dedication. Not less than 10% of the gross area of the entire tract, exclusive of watercourses, lakes or ponds, shall be reserved for common open space and the recreational use of the residents of that subdivision or the general community. The minimum size of any dedicated area shall be one acre.

Waiver. This requirement may be waived in instances where the average lot size is two acres or more and less than 25 lots are created or where the Planning Board determines that such common area would be undesirable or unreasonable due to the size, topography or location of the subdivision.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Types and configuration of facilities. The following and similar facilities shall satisfy the requirement for common open space: swimming pools, tennis courts, riding and cycling paths, playgrounds, community centers, and other open areas. Such areas designated for play lots, parks and other outdoor recreational facilities shall be of a size, shape and other physical characteristics so as to be free of health and safety hazards and suitable for the designated use.

Dedication. Common open space so designated and developed and intended for public dedication shall not be deemed to be accepted by the Town until a resolution accepting such open space is adopted by the Town Board.

§ 186-23 Water supply.

All subdivisions shall be served with an adequate water supply meeting the following standards:

Service required. All residential, commercial and industrial lots shall contain a suitable area for an on-site water supply well or be served by an approved off-site water supply system.

Public water supply.

Availability. When a proposed subdivision is located within an existing water district or where a public water supply is available within reasonable proximity, generally 1,000 feet of the proposed subdivision, the developer shall construct a system of water mains and connect with such system and provide a connection for each lot, provided capacity is available and necessary agreements with the water district or public system owner. The developer shall absorb all costs associated therewith. Suitable agreements shall also be established for the design, specifications, construction, ownership and maintenance of such distribution system, and shall be submitted to the Planning Board for approval prior to final approval of the subdivision.

Design. Plans and specifications for the extension of an existing system shall be prepared by a professional engineer and shall conform to accepted engineering practices and requirements of the system operator as well as the Town of Delaware and New York State Department of Health and Department of Environmental Conservation standards.

Community water supply.

Design. When a new or connection to an existing private community water supply is proposed, plans and specifications shall be prepared by a professional engineer and shall conform to accepted engineering practices as well as the Town of Delaware and New York State Department of Health standards. The system shall be designed to furnish adequate main sizes and, if deemed necessary by the Planning Board, fire hydrants located to meet the specifications of an appropriate electrical inspection person or agency, as determined by the Town and the local fire district. Suitable agreements shall also be established for the design, specifications, construction, ownership and maintenance of such distribution system, and shall be submitted to the Planning Board for approval prior to final approval of the subdivision.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Capacity. The subdivider must demonstrate ability to provide a minimum of 75 gallons of water per capita or 150 gallons per bedroom per day for each single-family residential dwelling unit or equivalent to be serviced.

Installation. New wells shall be sited, drilled and tested under the direct supervision of a professional engineer or a professional groundwater geologist.

Location. Any new community water supply well shall be located on a reserved parcel of adequate size and suitable configuration to provide for necessary access for operation and maintenance in accord with New York State Department of Health and Department of Environmental Conservation requirements.

§ 186-24 Sewage disposal.

All subdivisions shall be served with adequate sewage disposal systems meeting the following standards:

Service required. All residential, commercial and industrial lots shall contain suitable areas for on-lot sewage disposal systems or be served by an approved off-site sewage disposal system.

Public sewage systems.

Availability. When a proposed subdivision is located within an existing sewer district or where a public sewage disposal system is available within reasonable proximity, generally 1,000 feet of the proposed subdivision, the developer shall construct a collection and conveyance system and connect with such system and provide a connection for each lot, provided capacity is available and necessary agreements with the sewer district or public system owner. The developer shall absorb all costs associated therewith. Suitable agreements shall also be established for the design, specifications, construction, ownership and maintenance of such system, and shall be submitted to the Planning Board for approval prior to final approval of the subdivision.

Design. Plans and specifications for the extension of an existing system shall be prepared by a professional engineer and shall conform to accepted engineering practices and requirements of the system operator as well as the Town of Delaware and New York State Department of Environmental Conservation and Department of Health standards.

Community sewage disposal system.

Requirement. Community sewage disposal systems are required for all residential, commercial and industrial lots outside sewer districts where soil conditions are unsuitable for on-lot subsurface sewage disposal systems according to New York State Department of Health and Department of Environmental Conservation standards as certified by a professional engineer.

Design. When a new or connection to an existing private community sewage disposal system is proposed, plans and specifications shall be prepared by a professional engineer and shall conform to accepted engineering practices as well as the Town of Delaware and New York State Department of Health and Department of Environmental Conservation standards. Suitable agreements shall also be established for the design, specifications, construction, ownership and maintenance of such distribution system and shall be submitted to the Planning Board for approval prior to final approval of the subdivision.

On-site sewage disposal systems.

Use of systems. Where connection to a community sewage system is not required, on-site systems shall be provided in accord with criteria set forth by the New York Department of Health and Department of Environmental Conservation.

Site suitability. Suitable soil characteristics on each lot shall be demonstrated in accord with the requirements of the New York Department of Health and Department of Environmental Conservation.

§ 186-25 Erosion and sedimentation.

Should any proposed subdivision involve the disturbance of any land area by grading, filling, excavating or the removal or destruction of the natural topsoil or vegetation, the Planning Board may require an erosion and sedimentation plan prepared by a professional engineer in cooperation with the Sullivan County Conservation District.

§ 186-26 Stormwater management.

Should any proposed subdivision involve the installation of any streets or other impervious surfaces or in any other manner increase the volume of stormwater leaving the site, or cause the interruption or change in any existing drainage course, the Planning Board may require a stormwater management plan. Such plan shall be prepared by a professional engineer in consultation with the Sullivan County Conservation District. The following additional requirements shall apply:

Design.

Stormwater management facilities shall be designed for a storm frequency of 10 years, using generally accepted engineering principles appropriate for the proposed site and development. Detention facilities shall be designed to retain a one-hundred-year storm without facility failure.

In cases where detention of stormwater is proposed, the post-development peak rate of stormwater discharge from the parcel being developed shall not exceed the predevelopment peak rate of stormwater discharge from the parcel being developed. The calculation of post-development discharge shall, in addition to areas disturbed during development, include the estimated effect of all runoff expected from driveways, buildings, walkways, parking areas and other impervious areas associated with the ultimate build-out of the subdivision or land development.

The Planning Board shall, in cases where existing drainage problems, flooding or other factors relating to the public health, safety and welfare ,and upon the recommendation of the Town Engineer, require that the proposed stormwater control facilities be designed to a twenty-five-year storm frequency and/or other more stringent criteria or require the provision of stormwater control facilities in areas where no such facilities are proposed by the developer.

Additional requirements.

Lots shall be laid out and graded to prevent cross-lot drainage away from proposed building areas. Natural drainage courses shall be maintained to the greatest extent possible.

The existing points of natural drainage discharge onto adjacent property shall not be altered, nor shall the rate of water runoff be increased because of development without the written approval of all affected landowners.

No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without complete approval of provisions being made by the developer for properly handling such conditions.

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a drainage easement of at least 25 feet on each side of the stream measured from the stream bank or such additional width as will be adequate to preserve the unimpeded flow of natural drainage and/or for the purpose of widening, deepening, relocating, improving or protecting such drainage facilities.

(5)

Drainage structures that are located on state or county highway rights-of-way shall be approved by the respective authorities, and a letter indicating such approval shall be directed to the Town prior to preliminary final plan approval.

(6)

All streets shall be so designed as to provide for the discharge of surface water from their rights-of-way. The slope of the crown on proposed streets shall be 1/4 inch per foot away from the center line unless a greater crown is required by other Town standards.

(7)

All proposed surface drainage structures shall be indicated on the preliminary plan.

(8)

Drainage plans shall include all appropriate designs, details and dimensions necessary to clearly explain proposed construction materials and elevations.

(9)

Whenever storm drains are required by the Planning Board such storm sewer systems shall be separate from the sanitary sewer system. Storm drains or storm sewer facilities may be required in any development situation where the Planning Board determines that surface drainage facilities are inadequate to prevent excessive erosion and lot or road maintenance problems.

(10)

Drainage systems shall be designed in accord with such design standards as may be promulgated by the New York State Department of Transportation, Sullivan County or the Town of Delaware, using hydraulic computations to show effects of the flow of water. In no case shall any pipe system of less than 15 inches in diameter be used underneath a street or driveway. All dams, lakes, ponds or stream encroachments shall be designed in accord with state design standards.

(11)

All drainage systems and structures shall be subject to the approval of the Town Engineer, Town Highway Superintendent or any such other qualified person as may be appointed for this purpose by the Town Board.

§ 186-27 Street requirements.

General. The arrangement, character, extent, width, grade and location of all streets shall conform to the Town Master Plan. Where not shown on the Master Plan, the arrangement and other design standards of streets shall conform to the provisions found herein. In cases where the standards in this chapter and the Town Road Law differ, the more restrictive shall apply.

Public streets. Streets proposed for dedication to the Town shall be constructed in accord with the requirements of this chapter and the Town Road Law.

Private streets. Where private streets which are not proposed for dedication to the Town are planned as part of a subdivision and are approved by the Planning Board, the following requirements shall apply:

Private streets shall be constructed in accord with the requirements of this chapter and the Towns Road Law, except that the Planning Board may grant a waiver as to surfacing requirements for private roads if all other standards of this chapter and the Town Road Law are met. [See § 186-27G(3).]

Rights-of-way for private streets shall include a grant for easements necessary for the installation of utilities.

A perpetual access right-of-way across the private street shall be provided to any abutting property or lot to which the street is intended to provide access.

(d)

The developer shall provide by an agreement binding on all parties for the perpetual ownership and maintenance of all private streets and associated drainage facilities, and such agreement shall be approved by the Town Board prior to final approval of the subdivision.

(e)

The final plan of any subdivision with private streets shall include the following statement:

"The subdivision street(s) and associated drainage facilities shown on this plan are private in nature and the Town of Delaware bears no responsibility now or in the future for the maintenance of the said street(s) and associated drainage facilities. Responsibility for maintenance is established in a private road maintenance agreement."

(f)

No building permits shall be issued by the Town for any structure within a subdivision served by private streets until final plan approval has been granted and the street has been constructed by the developer and inspected by the Town Engineer and found to meet all construction requirements.

Design and arrangement.

Right-of-way. Every subdivision shall have access to a public right-of-way, and the right-of-way of the principal access to any subdivision shall be a minimum of 50 feet in width. No subdivision will be approved where the width of the existing right-of-way is less than 50 feet unless the subdivider is able to secure such additional right-of-way as may be required to achieve this width.

Circulation. In general, all streets shall be continuous and in alignment with existing streets and shall compose a convenient system to ensure circulation of vehicular and pedestrian traffic, with the exception that minor streets shall be laid out including the use of loop streets and culs-de-sac, so that their use by through traffic will be discouraged.

Existing arterial street. Where a subdivision abuts or contains an existing or proposed arterial street, marginal access streets may be required in order to protect residential areas from heavy traffic and also to provide separation between local and through traffic.

Lots and grades. Streets shall be logically related to the topography so as to produce usable lots and reasonable grades as required by this and other Town ordinances and laws.

(5)

Half and partial streets. New half or partial streets will not be permitted. Wherever a tract to be subdivided borders an existing half or partial street, the remaining portion of the street shall be planted within such tract.

(6)

Dead-end streets. Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts or when designed as culs-de-sac.

(7)

Adjoining tracts. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the proper projection of streets.

(8)

Intersections. Streets shall be laid out to intersect as nearly as possible at right angles; in any event, no street shall intersect another at less than 60°. Intersections of more than two streets shall be avoided. Where this proves impossible, such intersections shall be designed with care for safety and suitable curbs, barriers, signs and other devices as may be required. Streets entering opposite sides of another street shall be laid out directly opposite one another or offset a minimum of 125 feet.

(9)

Arterial intersections. Street and driveway intersections with arterial streets shall not be so numerous nor so close to each other as to impede the flow of traffic.

(10)

Sight triangles. Clear sight triangles shall be provided at all street intersections. Such triangles shall be established from a distance of 75 feet from the point of intersection of the center lines.

(11)

Restricted access. Whenever, in connection with a major subdivision, the principal access (whether public or private) to such subdivision, by virtue of bridge weight limits of less than 20 tons or other comparable limitations, would restrict access to the property by emergency vehicles or school buses, the subdivider shall so indicate in writing on the final plans to be recorded and shall provide for notification to prospective lot buyers through deed covenant provisions which shall be approved by the Town Attorney as to form.

Street grades.

Profiles. No street grade shall be less than 0.5% or exceed the following, with due allowances for reasonable vertical curves:

Major traffic streets: 4%.

Collector streets: 10%.

Minor streets: 15%.

Intersections. Streets shall have a grade not to exceed 3% for a distance within 50 feet of the street right-of-way line of any intersecting street.

Cross section. The gradients of streets shall be not less than 0.5% without curbs and gutters and 0.3% with curbs and gutters. On streets where curbs, gutters and sidewalks are not required, there shall be a shoulder, as provided in the Town Road Law.[1]

Editor's Note: See Ch. 180, Streets and Sidewalks.

Visibility. The minimum vertical and horizontal visibility for curves (measured at 3.75-foot eye level to 0.5 feet above street level) shall be as follows:

Major highways: 500 feet.

Collector streets: 300 feet.

Minor streets: 300 feet.

Street width. Right-of-way width. The minimum required right-of-way widths for streets and alleys are as follows:

	Type of Street or Way	Minimum Right-of-Way Width (feet)
	Major streets	60
	Collector streets	50
	Minor streets	50
	Crosswalks	4

Dead-end streets. Any dead-end street shall end in a cul-de-sac with a surfaced turning area of not less than 80 feet in diameter and a right-of-way of not less than 120 feet in diameter.

Grading. Only that portion of the required right-of-way necessary for the installation of paving, drainage structures, curbs and gutters, utilities and other required improvements shall be graded and suitably prepared in accord with the appropriate standards for the class of street. The subgrade shall be free of sod, vegetative matter or other similar material. Where poor subsurface drainage conditions exist, adequate drainage shall be installed. The subgrade construction shall conform to minimum standards of the Town Road Law.

Pavement.

Pavement width. The width of pavement required shall vary, depending upon the character of the development served and the amount of traffic expected to utilize the street. The following are minimum street pavement widths:

Type of Street	Minimum Shoulder Width (each side) (feet)	Minimum Clearance Beyond Shoulder (each side) (feet)	Minimum Pavement Width (feet)
Major	10	4	24
Collector	10	4	22
Minor	5	4	20

Pavement material. The pavement shall be constructed in accord with specifications and standards contained in the Town Road Law.

Private roads. A waiver may be granted as to surfacing requirements for private roads if all other standards of this chapter and the Town Road Law are met.

Shoulders and embankments.

Shoulders. Street shoulders shall be constructed with materials as specified by the Town Road Law. The entire shoulder area shall be uniformly and thoroughly compacted by rolling and must be level with the top of the road paving or as directed by the Town Engineer.

Embankments. Embankments at the sides of streets and cross- sections of drainage ditches shall not exceed a maximum slope of two feet horizontally to one foot vertically in a cut or fill section. In special cases, the Planning Board may require more rigid standards.

Curbs.

Required. In commercial developments or where other similar intensive uses exist or are anticipated, curbs may be required if such construction is deemed necessary for public safety.

Radii at intersections. Minimum curb or pavement edge radii at street intersections shall be 30 feet.

Walls, slopes and traffic guides.

Required. Where the grade of the street is above or below the grade of the adjacent land, walls or slopes shall be constructed in a manner satisfactory to the Town and shall be sufficient to support the street or the adjacent land, as the case may be.

Traffic guides. Traffic guide rails shall be installed in accord with the Town Road Law.

Street improvements (generally). All streets, including culs-de-sac and alleys, shall be constructed as shown on the preliminary and final plan approved by the Planning Board and in conformity with the Town Road Law. Where such law does not provide a clear standard, the Town may rely upon the standards promulgated by the New York State Department of Transportation or the Town Superintendent of Highways.

Street name signs. Four-way street name signs of a design approved by the Town Board shall be installed at each street intersection at the subdivider's expense. Streets that are extensions of, or obviously in alignment with, existing streets shall bear the name of existing streets. Street names shall not duplicate existing street names in the Town of Delaware and shall be approved by the Town, and signs shall meet the specifications of the New York State Manual of Uniform Traffic Control Devices.

Streetlighting. The Planning Board shall determine when and if streetlighting is necessary, evaluating need on the basis of safety considerations and commonly accepted standards of lighting. Streetlighting is the responsibility of the applicant to provide and the lot owners to maintain and operate. Whether or not streetlights are initially installed, the developer shall be responsible for providing utility easements for future streetlighting installation, upon consultation with the public service utility company involved.

Requirement for road occupancy and other permits.

County and state. No driveway, street or drainage facility or structure shall be constructed or altered within a county or state right-of-way and no drainage facility of Sullivan County or the New York State Department of Transportation shall be altered or connected to without first obtaining a permit from the respective authorities.

Town. No driveway, local road or drainage facility or structure shall be constructed or altered within a Town right-of-way and no drainage facility of the Town of Delaware shall be altered or connected to without first obtaining a permit from the Town.

Private drives.

Individual driveways. Individual driveways serving only one single family each shall not be subject to street improvement requirements of this chapter or of the Town Road Law; however, driveway connections shall comply with drainage requirements of this chapter and the Town Road Law.

Shared driveway. Private drives to service no more than two single-family dwellings shall be permitted, provided the Town is given satisfactory evidence, in the form of a declaration of restrictive covenants, that the private status of said road is permanent and the following standards are met:

Required widths.

Minimum right-of-way: 25 feet.

[2]

Minimum pavement width: 12 feet.

[3]

Minimum shoulder width: three feet.

Pavement shall consist of any all-weather surface satisfactory to the Town Engineer.

If there is a potential for resubdivision of either of the lots to be serviced by a shared private drive such that eventually more than two lots might result, the subdivider shall provide additional right-of-way as necessary to serve the maximum potential number of lots.

(d)

A vehicular turnaround on the private drive may be required by the Planning Board.

(e)

A drainage plan may be required by the Planning Board.

Bridges and stream crossings. Bridges and other stream crossing structures which are part of the proposed street system shall be designed and constructed in accord with the current New York State Department of Transportation standards and specifications and the Sullivan County Department of Public Works. Evidence of compliance with and approval of the New York State Department of Environmental Conservation shall be provided. The travelway of the bridge or stream crossing shall be of a minimum width equal to the cartway width of the roadway carried by the bridge or stream crossing. Adequate provision, as approved by the Planning Board, shall also be made for pedestrian crossing.

Shade trees. Reasonable efforts shall be made by the subdivider to preserve existing shade trees. In addition, the Planning Board may require that deciduous hardwood trees, with a minimum caliper of 1 1/2 inches, be provided, in accord with conditions to be agreed upon by the Town and, if necessary, the appropriate public utility. Any tree planted in a commercial or industrial area shall have a minimum caliper of three inches. Where provided, such trees shall be planted between the street right-of-way and the building reserve (setback) line at least 10 feet from the public street right-of-way. No trees or shrubs shall be planted between any sidewalk and the right-of-way line. If required by the Planning Board, a street tree planting plan shall be furnished for approval by the Planning Board as to kind, size and location of trees.

Walks. Pedestrian interior walks may be required by the Planning Board where necessary to assist circulation or to provide access to community facilities. Such walks shall have an easement width of not less than 10 feet and be surfaced for not less than four feet in width with material approved by the Planning Board.

§ 186-28 Commercial and industrial subdivisions.

In addition to all other requirements imposed by this chapter, all commercial and industrial subdivisions shall comply with the requirements of the sections below:

Street systems.

Traffic flow. Traffic movements in and out of commercial and industrial areas should not interfere with external traffic, nor should they create hazards for adjacent residential areas.

Internal circulation. The design of streets, service drives and pedestrianways should provide for safe and hazard-free internal circulation, including provision for fire lanes where appropriate.

Entrance/exit. The points of ingress and egress shall be designed to prevent commercial or industrial traffic from passing through residential areas.

Block layout. Block layout shall, with due consideration of site conditions, provide for the best possible service to customers, traffic and parking circulation, and pickup and delivery services. In no case shall a block length be less than 600 feet. Where safety considerations mandate, 800 feet may be required as a minimum.

Lot size. Lot sizes shall be based on the following factors:

Adequate space. The total area shall be sufficient to provide adequate space for off-street parking and loading, landscaping and other facilities.