The design standards and requirements set forth in this article
shall be observed as minimums by the subdivider in the design of each
subdivision within the Town of Massena. The Planning Board shall require
more-restrictive standards where necessary to protect health, safety
and welfare of the public and where circumstances unique to the property
so dictate.
A.
Those areas which are subject to such hazards of life, health, or
property as may arise from fire, flood or noise, or are considered
to be uninhabitable for other reasons, may not be subdivided for building
purposes unless the hazards have been eliminated or the plans show
adequate safeguards correcting the hazards.
B.
In addition, the Town may rely upon information contained in its
Comprehensive Plan and, in determining and evaluating potential hazards,
use historical records, soil evaluations, engineering studies, expert
opinions, established standards used by licensed insurance companies
or in professional practice, and federal, state, or local policies.
C.
All portions of a tract being subdivided shall be taken up in lots,
streets, public lands, dedicated open space or other proposed uses,
so that remnants and landlocked areas shall not be created. The layout
of a subdivision shall also be planned with consideration to existing
nearby developments or neighborhoods, so that the development is coordinated
in terms of traffic movement, drainage, and other reasonable considerations.
D.
In all subdivisions, care shall be taken to preserve natural features
such as trees, watercourses, views, and historical features which
will add attractiveness and value to the remainder of the land. Where
a subdivision of land is on a site that has a slope of more than 15%,
the Planning Board may require larger lot sizes than the minimum standards
set forth herein.
E.
Damming, filling, relocating or other interference with the natural
flow of surface water along any surface water drainage channel or
natural watercourse shall not be permitted except with the approval
of the Planning Board and, where appropriate, DEC.
A.
Blocks shall ordinarily not exceed 1,600 feet in length or be less
than 400 feet.
B.
Pedestrian interior walks or trails may be required where necessary
to assist circulation or provide access to community facilities and
open space. Such walks or trails shall have a right-of-way width of
not less than six feet and be all-weather surfaced for not less than
three feet in width.
C.
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 unsubdivided area.
D.
Where a subdivision adjoins a major highway (one which is designated
and marked for two lanes or more and carries at least 1,000 vehicles
per day), the greater dimension of the block shall front along said
highway, and marginal access 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 300 feet along the
highway shall be subject to this requirement, if the Planning Board
determines, after inspection, that safety demands restricting access.
E.
Cul-de-sac streets, permanently designed as such, shall not exceed
1/2 the length of a proposed block and shall furnish lot frontage
at a minimum ratio of one residential lot for every 60 feet. The Planning
Board shall have authority to require the use of loop streets and
other alternatives to culs-de-sac where such alternatives are available
and preferable as a means of providing safe access to lots, making
street connections or limiting environmental impacts.
F.
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.
G.
Double frontage lots shall ordinarily not be platted, 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.
H.
If remnants of land exist after subdividing, they shall be incorporated
in existing or proposed lots, unless designated as common area or
dedicated to open space.
I.
Either of the two sides of a corner lot may be designated as the
front, provided that the rear yard shall always be opposite the frontage
so designated.
J.
All lots shall front on a public street or private street designed to public street standards (existing or proposed), and the right-of-way of the principal access to any subdivision shall be a minimum of 60 feet in width. However, upon written request by the subdivider, the Planning Board may grant a waiver from this and other street requirements of this chapter to permit access to no more than two single-family residential lots from a single private drive, provided that a release has been given the Town and approved by the Town Board making clear that the Town is exempted from all responsibility for the maintenance of the same and that the lot in question is not capable of being subdivided further or is so restricted. Such private drive shall be owned and maintained by one of the lot owners. The requirement for a single private drive may be waived in instances where the front lot is already developed. See § 191-28R hereof.
K.
Minimum lot frontage. All residential lots shall have a front lot
line with a minimum length of 60 feet.
L.
Flag lots. The development of interior lots with limited lot frontage
consisting of only an access right-of-way shall be permitted, provided
that:
(1)
The right-of-way is a minimum of 50 feet in width, is improved according
to the requirements of this chapter and meets the requirements of
the Town Driveway Law.
(2)
The lot area shall be exclusive of that portion used as a right-of-way
for purposes of meeting minimum lot area and all other development
standards for the district.
(3)
No right-of-way shall be established over an existing parcel of land
to reach a new lot to the rear which would reduce the length of the
front lot line of the existing parcel to less than 60 feet.
(4)
All flag lot access rights-of-way shall be titled in fee simple ownership
to the flag lot property owner and shall not be used to access any
property not part of the original tract. Such owner shall bear responsibility
for maintenance of the improvements.
(5)
No more than two additional such lots shall be created from an existing
parcel, a cumulative total of three lots, including the original.
This restriction shall be incorporated in deed covenants and placed
on the recorded plat map at the time any flag lot is created.
M.
Monuments shall be placed at perimeter corners and the corner of
each street, and markers set at the corner of each lot, consistent
with surveyors' professional practice, to permanently and accurately
define the metes and bounds of the block and lots created.
Except where such area would be less than one acre or the Planning
Board shall waive the requirement, not less than 10% of the gross
area of the entire tract, exclusive of lakes or ponds, shall be reserved
for common open space directly accessible from the lots to be created.
Such open space shall be suitable for recreational use of the residents
of the subdivision or the general community. The following and similar
facilities shall meet this requirement: swimming pools, tennis courts,
riding and cycling paths, playgrounds, community centers, and other
open areas. Such areas as are 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. No portion of the ten-percent
requirement shall be met with wetlands, slopes exceeding 15% in grade
or other otherwise undevelopable areas. Sites so dedicated shall not
be deemed to be accepted by the Town unless and until the Town Board
has taken formal action to accept the same. The subdivider and the
Town may also agree to otherwise provide recreational land for the
use of residents pursuant to the authority of § 277 of the
Town Law, including fees in lieu of dedication.
A.
Where a central water supply is available within 1,000 feet of the
proposed residential development, the subdivider shall, if legally
and practically feasible, construct a system of water mains tied to
such system and provide a connection for each lot.
B.
Plans and specifications for central water systems (i.e., extension
of an existing system or a proposed new facility) shall be prepared
by a professional engineer and shall conform to requirements of the
New York State Department of Health and the local fire district(s).
Suitable agreements shall also be established for the ownership and
maintenance of such distribution system.
C.
The applicant proposing a central water supply must demonstrate ability
to provide a minimum of 100 gallons of water per capita per day (GPCD)
and/or 400 gallons per day (GPD) for each residential dwelling unit
to be serviced. Service to industrial or commercial establishments
shall meet standards established by the American Water Works Association
or insurance industry underwriting standards.
D.
New central water supply wells shall be sited, drilled, and tested
under the direct supervision of a professional engineer or a professional
groundwater geologist. Wells shall be so located that no potential
pollution sources can exist within a one-hundred-foot radius (200
feet if located downslope from the pollution source). Wells shall
also be located on reserved parcels.
A.
All residential lots shall contain suitable areas for on-site sewage disposal systems [also see §§ 191-12E and 191-15B(21)] or be served by an approved central sewage disposal system. Plans and specifications for central systems, as required by the New York State Department of Environmental Conservation (DEC), shall be submitted with all preliminary subdivision plats, and design standards shall meet DEC requirements. Formal approval of DEC shall be required prior to final plat approval.
B.
When a central sewage disposal system is located within 1,000 feet
of the proposed residential development, the subdivider shall, if
legally and practically feasible, provide a system of collection lines
to connect to said system. Regardless of this requirement, all subdivision
and land developments shall be provided with an adequate sewage disposal
system(s). Central sewage disposal systems shall also be required
for all residential lots and nonresidential developments where on-site
soil conditions are unsuitable for on-lot subsurface sewage disposal
systems.
C.
Where connection to a central sewage disposal system is not required,
on-site systems shall be provided in accordance with criteria set
forth by the New York Department of Health. The applicant's professional
engineer, subject to the approval of the Planning Board, shall determine
the number and location of test pits and soil percolation tests necessary
to determine the general suitability of soils throughout the subdivision
for on-site subsurface sewage disposal.
D.
Sanitary sewer and stormwater infrastructure shall be used exclusively
for its intended purpose. Sanitary sewers and stormwater systems shall
not be used to carry effluent from other sources.
In the event that any subdivider shall intend to make land changes
by grading, filling, excavating or the removal or destruction of the
natural topsoil or vegetative covering thereon in accordance with
a subdivision plan submitted to the Town, the same shall only be approved
and accomplished after the developer has submitted to the Town an
erosion and sedimentation control plan. Erosion control measures shall
be employed as necessary to prevent loss of soil from erosion and
also to prevent resulting property damage, siltation and contamination
of watercourses or impoundments. Erosion control measures may include
hay bales, silt fences or other provisions or combinations thereof.
A.
A stormwater drainage plan shall be required for major subdivisions.
Such a plan shall be prepared using DEC guidelines and standards (see
"Reducing the Impacts of Stormwater Runoff from New Development"),
complying with the following standards.
B.
Stormwater drainage facilities shall be designed to accommodate storms
of a twenty-five-year frequency unless a more stringent standard shall
be required by the Planning Board. The general performance standard
shall be that the amount of uncontrolled stormwater leaving the site
along any property line after development shall not exceed that estimated
for the site prior to development. In instances where stormwater facilities
are impractical for engineering reasons, the Town may modify this
standard as it applies to a particular project but shall provide for
the maximum practical reduction in flow which can be achieved under
the circumstances. The subdivider shall provide full information,
prepared by a professional engineer, regarding the pre-development
stormwater flows and estimates at the time of application.
C.
The following additional requirements shall apply:
(1)
Lots shall be laid out and graded to prevent cross-lot drainage away
from proposed building areas. Natural drainagecourses shall be maintained.
(2)
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.
(3)
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.
(4)
Stormwater calculations and design shall be prepared by a professional
engineer, land surveyor, landscape architect or others certified to
perform such work.
(5)
Storm drainage facilities should be designed to handle the anticipated
peak discharge from the property being subdivided.
(6)
Drainage structures that are located on state highway rights-of-way
shall be approved by the New York State Department of Transportation,
and evidence of the same shall be provided to the Town prior to final
plan approval.
(7)
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.
(8)
All proposed surface drainage structures shall be indicated on the
preliminary plan.
(9)
Drainage plans shall include all appropriate designs, details and
dimensions necessary to clearly explain proposed construction materials
and elevations.
(10)
Whenever storm drains are required by the Town, 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 Town Board determines that surface drainage facilities are
inadequate to prevent excessive erosion and lot or road maintenance
problems.
(11)
Drainage systems shall be designed in accordance with engineering
practice, using hydraulic computations to show effects of the flow
of water. The general standard shall be that the amount of stormwater
leaving the site along any property line after development shall not
exceed pre-development stormwater flows for that area. In no case
shall any pipe system of less than 15 inches in diameter be used underneath
a street or driveway.
(12)
Where a subdivision is traversed by a watercourse, drainageway,
channel, or stream, there shall be provided an undisturbed, vegetated
drainage easement conforming substantially with the line of such watercourse,
drainageway, channel or stream, and of such width (minimum 25 feet).
(13)
All drainage systems and structures shall be subject to the
approval of the Town Engineer or any such other qualified person as
may be appointed for this purpose by the Planning Board.
A.
The arrangement, character, extent, width, grade and location of
all streets shall conform to the provisions found herein. Every subdivision
shall have access to a public right-of-way.
(1)
In general, all streets shall be continuous and in alignment with
existing streets and shall compose a convenient system to insure circulation
of vehicular and pedestrian traffic.
(2)
Streets shall be logically related to the topography so as to produce
usable lots and reasonable grades as required by this chapter.
(3)
Dead-end streets shall be prohibited, except as stubs to permit future
street extension into adjoining tracts or when designed as culs-de-sac.
Easements to the adjoining property lines may be required to ensure
the future ability to connect such streets.
(4)
Where adjoining areas are not subdivided, the arrangement of streets
in new subdivisions shall make provision for the extension of streets.
(5)
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.
(6)
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.
(7)
Clear sight triangles shall be provided at all street intersections.
Within such triangles, no structure or vision-obstructing object other
than utility poles, streetlights, street signs, or traffic signs shall
be permitted which obscures vision above the height of 36 inches and
below 10 feet measured from the center-line grade of intersecting
streets. Such triangles shall be established from a distance of 75
feet from the point of intersection of the center lines.
(8)
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 10 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 plats
to be recorded and shall provide for notification to prospective lot
buyers through deed covenant provisions, which shall be approved by
the Planning Board as to form.
(9)
Sidewalks shall be located on one side of all minor streets and on
both sides for major and collector streets that adhere to NYSDOT and
federal ADA design standards (minimum accessible sidewalk width of
three feet, and a minimum distance of 2 1/2 feet between the
curb and sidewalk to allow for snow storage). Bike lanes may also
be provided on shared roadways with a minimum width of 4.92 feet (1.5
meters), as measured between the motor vehicle lane and curb, and
should also include appropriate signing and pavement markings at intersections
to reduce conflicts between users.
B.
Alleys may be permitted in residential areas under special circumstances,
but in no case shall an alley provide the only means of access to
a lot. Alleys are required on the rear of all commercial and industrial
lots, if no other provisions are made for adequate service access
or for parking.
C.
Profiles.
(1)
No street grade shall be less than 1% or exceed the following, with
due allowances for reasonable vertical curves:
|
Type of Street or Way
|
Maximum Grade
| |
|---|---|---|
|
Major streets
|
4%
| |
|
Collector streets
|
6%
| |
|
Minor and marginal access streets
|
8%
|
(2)
Streets shall have a grade not to exceed 2% for a distance within
50 feet of the street right-of-way line of any intersecting street.
D.
Cross section: The cross-section gradients of streets shall be not
less than 2%.
E.
Minimum vertical and horizontal visibility (measured 3.5 feet eye
level to taillights 1.5 feet above ground level), for curves.
|
Type of Street or Way
|
Minimum Visibility Distance
(feet)
| |
|---|---|---|
|
Major streets
|
500
| |
|
Collector streets
|
300
| |
|
Minor streets
|
300
| |
|
Streets shorter than 500 feet
|
150
|
F.
The minimum right-of-way widths for streets are as follows:
|
Type of Street or Way
|
Minimum Right-of-Way Width
(feet)
| |
|---|---|---|
|
Major streets
|
66
| |
|
Collector streets
|
66
| |
|
Minor streets
|
60
| |
|
Alleys
|
25
| |
|
Private drives
|
See § 191-28R.
|
G.
On all dead-end roads, as allowed in § 191-28A(3), a turnabout area with an eighty-foot-diameter right-of-way and sixty-foot-diameter traveled portion shall be provided.
H.
The entire width of the travelway of each street in a proposed subdivision
shall be graded and suitably prepared for installation of paving and
drainage structures, in accordance 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 Highway
Specifications.[1]
I.
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.
J.
Unless otherwise specified herein, pavement construction shall be
in accordance with specifications and standards contained in the Town
Highway Specifications.[2]
(1)
Street shoulders shall be constructed with materials as specified
by the Town Highway Specifications. 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.
(2)
Embankments at the sides of streets and cross sections of drainage
ditches shall not exceed a maximum slope of three feet horizontally
to one foot vertically in a cut or fill section. In special cases,
the Town Engineer may require more-rigid standards.
K.
In commercial or multifamily subdivisions or any other case where
other similar intensive uses exist or are anticipated, curbs may be
required, if such construction is deemed necessary for public safety
by the Planning Board, based on consultation with the Town Engineer,
and shall be constructed according to good engineering practice. Curbs
shall not be constructed, however, where pavements are less than 22
feet in width.
L.
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 Planning Board and shall be sufficient to support the street
or the adjacent land, as the case may be. Where the grade of the street
is three feet or more above the grade of the adjacent land, guards
shall be built to protect travel, if required by the Town Engineer.
M.
All streets, including culs-de-sac and alleys, shall be constructed
as shown on the preliminary and final plat approved by the Planning
Board and in conformity with the Town Highway Specifications.[3] 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 for local streets.
N.
Four-way street name signs of a design approved by the Planning Board
will be installed at each street intersection by the subdivider at
his own expense. Streets that are extensions of, or obviously in alignment
with, existing streets shall bear the name of existing streets. Street
names shall not be repeated within the Town and shall be subject to
Planning Board approval.
O.
Streetlighting is the responsibility of the applicant to provide
and the lot owners to maintain and operate. The Town Engineer will
determine when and if streetlighting is necessary, evaluating need
on the basis of safety considerations and commonly accepted standards
of lighting. 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.
P.
Shade trees and other natural buffers along any proposed street right-of-way
shall be retained to the maximum extent possible, and cuts and fills
which would necessitate removing such cover shall be minimized. Wide
swath cuts or removal of natural vegetation shall not be permitted
without compelling safety reasons.
Q.
No driveway, street or drainage facility or structure shall be constructed
or altered within a state right-of-way and no drainage facility of
the New York State Department of Transportation shall be altered or
connected onto without first obtaining a permit from the New York
State Department of Transportation. 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 Massena shall
be altered or connected onto without first obtaining a permit from
the Town of Massena Highway Superintendent.
R.
Driveways and private drives.
(1)
Individual driveways serving only one single family each shall not be subject to street improvement requirements of this chapter or on the Town Highway Specifications. Also, private drives to service no more than two single-family dwellings shall be permitted (see § 191-22J hereof), provided that the Town is given satisfactory evidence, in the form of declaration of restrictive covenants, that the private status of said road is permanent and the following standards are met:
|
Standard
|
Minimum Width
(feet)
| |
|---|---|---|
|
Minimum right-of-way
|
50
| |
|
Minimum pavement width
|
16
| |
|
Minimum shoulder width
|
3
| |
|
Streets shorter than 500 feet
|
50
|
(2)
Pavement may consist of any all-weather surface satisfactory to the
Town Engineer (if one shall be appointed) and the Town Highway Superintendent.
All drainage plans shall also be subject to approval of the Town Engineer
(if one shall be appointed) and the Town Highway Superintendent.
S.
Nothing contained herein shall be construed in any way to require
the Town of Massena to accept dedication of any street. These regulations
are intended, rather, to set standards of construction for private
streets, and a proposed dedication of any such streets shall be subject
to the specific dedication requirements of the Town Highway Specifications.[4]
Conservation subdivisions shall be processed pursuant to § 207-36 of the Town of Massena Code.
Manufactured home subdivisions shall be processed pursuant to § 207-59 of the Town of Massena Code.
Planned unit developments shall be processed pursuant to § 207-37 of the Town of Massena Code.
The following special standards apply to all subdivisions within
the Waterfront Overlay District (see the Waterfront Revitalization
Overlay Map):
A.
Vegetative buffer strips are required along shorelines that meet
the following criteria:
B.
Shoreline erosion shall be preferentially managed by the use of vegetative
buffers, unless site characteristics are such that armoring, riprapping,
gabions, walls or similar heavy reinforcement is needed to achieve
erosion control.
C.
The construction or reconstruction of erosion protection structures
shall be undertaken only if they have a reasonable probability of
controlling erosion for at least 30 years as demonstrated in design
and construction standards and/or assured maintenance or replacement
programs.
D.
The construction or reconstruction of docks, boathouses, boat hoists,
public access facilities, and other shoreline structures shall be
undertaken in a manner which will, to the maximum extent practicable,
protect against or withstand the destructive forces of wave or current
action, changing water levels and/or ice movement.
E.
Activities and development, including the construction or reconstruction
of erosion protection structures, shall be undertaken so that there
will be no measurable increase in erosion or flooding at the site
of such activities or development or at other locations.
