A.
Before the approval by the Planning Board of a plat
showing lots, blocks or sites, with or without streets or highways,
or the approval of a plat already filed in the office of the Clerk
of the County wherein such plat is situated if the plat is entirely
or partially undeveloped, the Planning Board shall require that the
land shown on the plat be of such character that it can be used safely
for building purposes without danger to health or peril from fire,
flood, drainage or other menace to neighboring properties or the public
health, safety and welfare.
B.
Design standards for pavement, roads, and drainage
systems are provided in the Appendix to this chapter.[1] All designs for pavement, roads and drainage systems must
conform to the standards herein or be reviewed and approved by the
Planning Board.
[1]
Editor's Note: The Appendix is included at the end of this chapter.
The Planning Board may also require the following:
A.
Character of land. Only land that is of such character
that it can be used without danger to health or peril from fire, flood,
or other menace shall be approved for subdivision or building purposes.
B.
Preservation of natural features. The Planning Board
may require the preservation of all natural features which add value
to residential development and to the community, such as large trees
or groves, watercourses and falls, beaches, historic spots and similar
irreplaceable assets.
C.
Conformance with Official Map and Comprehensive Plan. Subdivision plats and improvements provided shall conform to the Official Map and Chapter 210, Zoning, of the Town of Stillwater and shall be in harmony with the Comprehensive Plan.
E.
Buildable lots. The lot arrangement shall be such that, in constructing a building in compliance with Chapter 210, Zoning, 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.
F.
Plats with access through other municipalities. Whenever
access to a subdivision is by crossing land in another municipality,
the Planning Board may require certificates from authorities having
appropriate jurisdiction that such access is adequately improved or
that a legally adequate performance bond has been duly posted and
is sufficient in amount to assure the construction of the necessary
road or roads.
G.
Replatting. Replatting of all or part of land covered
by an existing plat which has been laid out prior to compulsory filing
shall comply with this chapter as now required for an original plat,
including the vicinity map. Such replat shall show clearly what area
or areas have been vacated. It shall also show the fields number of
all previous plats of the same area, with dates of filing.
H.
Preservation of topsoil. Topsoil shall be preserved
wherever possible. In areas over which heavy equipment will be operated,
the topsoil shall be stripped and piled on the property. When final
grades have been established and construction activities have been
completed, the entire property shall be suitably graded and recovered.
I.
Watercourses. Where a watercourse separates a proposed
street from abutting property, provision shall be made for access
to all lots by culverts or other permanent structures of a design
approved by the Town Highway Superintendent. Where a subdivision is
traversed by a watercourse, drainageway, channel or stream, there
shall be provided a stormwater easement or drainage right-of-way according
to specifications of the Town Highway Superintendent, but in no case
shall such easement or right-of-way be less than 25 feet in width.
J.
Monuments. Monuments shall be constructed in accordance
with the specifications of the Town Engineer and the requirements
of the State Department of Transportation, if applicable. They shall
be set at all corners and angle points of the boundaries of the original
tract, at all street intersections and points of curve, and at such
intermediate points as shall be required by the Planning Board, and
the locations thereof shall be shown on the subdivision plat. The
corners of all lots shall be marked with metal markers 1/2 inch in
diameter and at least 24 inches in length, driven into the ground
to grade.
A.
Conformance with Comprehensive Plan. Where proposed
park, playground or land for other public use is shown on the Comprehensive
Plan and is located in whole or in part within the proposed subdivision,
the Planning Board may require the subdivider to dedicate such area
or portion thereof which lies within the subdivision.
B.
Large-scale residential developments. In large-scale
developments or developments of a size and nature not proposed or
anticipated by the Comprehensive Plan, the Planning Board may require
the subdivider to dedicate sites for playgrounds and parks whose character,
extent, and location will be suitable to the needs created by such
development, whether or not such sites are shown on the Comprehensive
Plan.
C.
Percentage of land dedicated. Areas for parks and
playgrounds shall be of reasonable size for neighborhood playgrounds
or other recreation uses. In general, the Planning Board shall require,
and the subdivider shall provide, not less than 5% of the gross area
of the subdivision for this purpose. This percentage may be increased
or decreased by the Planning Board depending upon lot size and population
in the subdivision and upon the quality and usability of land offered
by the subdivider for recreational purposes.
(1)
The minimum area of contiguous open space acceptable
for this use shall be one acre. A smaller open space may be approved
by the Planning Board if the difference in area between the space
offered and the one-acre minimum may be provided by future subdivision
of adjacent land.
D.
Land set aside for recreational use.
[Amended 9-7-1995 by L.L. No. 3-1995]
(1)
In an application for a major subdivision (as defined
by this chapter), the Planning Board may require that land be set
aside for active or passive recreational use, and the degree of development
of the recreational facility shall be judged on a case-by-case basis
by the Planning Board.
(2)
The Planning Board shall take into consideration, when determining whether lands should be set aside per Subsection D(1) above, the closeness to other public facilities, the size of the lots contained within the subdivision, the nature of the terrain, and any other factors deemed appropriate by the Planning Board.
(3)
In the event that the Planning Board has not required
lands to be set aside for active or passive recreational use in any
particular individual case, then the Planning Board shall require
the applicant to make a payment in lieu of dedication of recreational
lands as provided herein.
(4)
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 purposes cannot be properly located
therein, or if, in the opinion of the Planning Board, it is not desirable,
the Planning Board may waive the requirement that the plat show land
for such purposes. The Planning Board shall then, as a condition to
approval of the plat, assess a recreation fee on a per-lot basis.
The recreation fee shall be established by the Town Board pursuant
to resolution, as may be amended from time to time. Such amount shall
be paid to the Town at the time of final plat approval, and no plat
shall be signed by the Chairman of the Planning Board until such payment
is made. All such payments will be held by the Town Board in a special
Town Recreation Site Acquisition and Improvement Fund, to be used
only for the physical improvement of existing parks or recreation
areas, provided that the Town Board finds there is a need for such
improvements.
(5)
Each parcel existing in the Town on the date this
chapter is adopted shall constitute one parcel, and any subdivision
or further division or breakdown of that parcel in the future to more
than four dwelling units will cause the invoking of this chapter,
regardless of whether the same owner or a successor subdivides more
than four dwelling units or subdivides the parcel which thereafter
became more than four in total from the same original parcel of land.
Each dwelling unit created after the fourth shall cause the then-owner
to be required to pay a per-lot recreational fee for each dwelling
unit after the fourth.
(6)
In the event that the subdivision is five or more
dwelling units, whether upon the initial application or as accumulated
requiring a recreation fee to be paid, the fee shall be paid in increments
of five at the time the building permit for each subsequent section
of five lots is applied for, that is: 1 through 5, payment for five
on issuance of the first building permit; 5 through 10, payment for
five on issuance of the sixth building permit; 10 through 15, payment
for five on issuance of the eleventh building permit, etc. Payment
will be made for all five even if only one building permit is applied
for in that section of five lots.
(7)
In those instances where the Planning Board mandates
the dedication of land for park, playground or recreation purposes,
the Planning Board can require the amount of land be no more than
10% of the total area of the property.
A.
General objectives. Streets shall be of sufficient
width, suitably graded and located and adequately constructed to accommodate
the prospective traffic, to afford adequate light and air, to facilitate
fire protection, and to provide access for fire-fighting, snow-removal
and other road-maintenance equipment and shall be coordinated so as
to compose a convenient system conforming to the Official Map and
properly related to the proposals shown on the Comprehensive Plan.
The arrangement of streets shall be such as to cause no undue hardship
to adjoining properties, and no property shall be rendered inaccessible
from an existing public street or from a proposed street in a subdivision
for which a completion bond has been posted.
B.
Arrangement. The arrangement of streets in the subdivision
shall provide for the entrance and continuation of principal streets
from adjoining subdivisions and for the extension of principal streets
into adjoining land which has not yet been subdivided. Such arrangement
shall be required in order to facilitate fire protection, movement
of traffic and the construction or extension, currently or as needed
in the future, of necessary utilities and public services, such as
sewers, water and drainage facilities.
C.
Street widths. Streets shall have the following right-of-way
and paving widths:
|
Table 6.1: Street Classifications
| |||
|---|---|---|---|
|
Street Classification
|
Right-of-Way Width
(feet)
|
Street Width
(feet)
| |
|
Arterial
|
150
|
72
| |
|
Collector street
|
60
|
36
| |
|
Minor or local street
|
50
|
24
| |
|
Marginal-access street
|
50
|
24
| |
(1)
The amount of street width apportioned to planting
strips and to sidewalks may vary with the character of the proposed
subdivision and shall be subject to the approval of the Planning Board.
D.
Pavement, drains and culverts. All pavement, drains,
culverts and other street improvements are required by the Planning
Board to conform to Town specifications and the approval of the Planning
Board.
E.
Marginal-access streets. Where the proposed subdivision
contains or is adjacent to an existing or proposed railroad right-of-way,
major artery or limited-access highway, the Planning Board may require
marginal-access streets, dead-end streets, reverse-frontage lots,
screen planting, and other treatment to protect adjacent properties,
to separate arterial and local traffic and to create lots suitable
for the appropriate use of the land between the streets and the rights-of-way
of the major artery, limited-access highway or railroad.
F.
Local streets. Local streets shall be laid out in
a manner to discourage their use by through traffic. Local and collector
street openings onto a major artery shall normally be at least 500
feet apart.
G.
Street connections. Subdivisions containing 50 lots
or more shall have at least two street connections with existing streets.
H.
Grades and curves. Grades of all streets shall conform
to the general terrain and shall be not less than 0.5% nor more than
7%, except that local streets with grades up to 10% may be approved
by the Planning Board. The combination of steep grades and curved
streets shall be avoided.
(1)
All changes in grade shall be connected by vertical
curves of such lengths and radius as meet with the approval of the
Town Highway Superintendent so that clear visibility shall be provided
for a safe distance. The desirable minimum sight distances on vertical
curves shall be:
|
Table 6.2: Minimum Sight Distances for
Vertical Curves
| ||
|---|---|---|
|
Street Classification
|
Minimum Sight Distance
(feet)
| |
|
Major street or arterial
|
350
| |
|
Collector road
|
250
| |
|
Minor or local street
|
150
| |
|
Marginal-access street
|
150
| |
(2)
All street intersection corners shall be rounded by
curves of at least 25 feet in radius. The corner property lines also
shall be rounded to maintain a margin of at least the width between
the street curb and the property line along the minor intersecting
streets. In general, street lines deflecting from each other at any
one point more than 10° shall be connected with a curve, the radius
of which for the inner street lines shall be no less than as follows:
|
Table 6.3: Minimum Radius of Inner Street
Lines
| ||
|---|---|---|
|
Street Classification
|
Minimum Distance
(feet)
| |
|
Major street or arterial
|
350
| |
|
Collector road
|
250
| |
|
Minor or local street
|
100
| |
|
Marginal-access street
|
100
| |
I.
Street intersections. Intersections of streets shall
be at angles of approximately 90° for a distance of at least 100
feet back from the intersection of the center lines, but in no case
shall two streets intersect at an angle smaller than 60°.
J.
Discontinuous streets. Streets with center-line offsets
of less than 125 feet along an intersecting street shall not be permitted.
K.
Grading at corners (for adequate street sight distance
and safety in driving). Wherever a street is intersected by another
street, the land at the corners of the intersections shall be graded
so as not to exceed in elevation at any point the surfaces of imaginary
triangular planes established as follows: One corner defining each
imaginary plane shall be at a point 2 1/2 feet directly above
the point of intersection of the center lines of streets. The other
two corners of each triangular plane are established at a distance
of 100 feet from the point of intersection of the center lines of
adjacent streets, and then directly above these points at a vertical
distance of 2 1/2 feet.
L.
Streets with one means of ingress and egress. Streets
with one means of ingress and egress shall terminate in a cul-de-sac
designed in accordance with this chapter.
M.
Dead-end streets. Dead-end streets must conform to
the design standards in this chapter. Other designs for dead-end streets
are subject to review and approval of the Highway Engineer.
N.
Cul-de-sac length. Culs-de-sac shall not exceed 600 feet in length or eight times the minimum lot width required by Chapter 210, Zoning, whichever is the shorter, and shall terminate in a circular turnaround having a minimum right-of-way radius of 77 feet.
O.
Easements in culs-de-sac. The Planning Board may require
the reservation of a twenty-five-foot-wide easement at the end of
culs-de-sac to provide for continuation of pedestrian traffic into
the next street, or an easement of an appropriate width for drainage
or utility easements.
P.
Street names. All streets shown on the preliminary
layout or the subdivision plat shall be named, and all street names
shall be substantially different in order not to be confused in sound
or spelling with present street names in the Town, except that streets
which join or align with streets of an abutting subdivision or area
shall bear the same name as such streets.
Q.
Street signs. All street signs shall be erected at
the expense of the developer at such time as the grading and paving
of the highway or street is completed, in accordance with Town specifications
and with approval of the Planning Board.
A.
Sidewalks on collector roads. All streets designated
as collector roads shall have, at a minimum, a five-foot-wide sidewalk
on both sides of the street. All such sidewalks shall be so placed
that there will be a distance of three feet between the sidewalk and
the street paving and a distance of four feet between the inner edge
of the sidewalk and the right-of-way line. Planting of street trees
will be permitted in the space between the sidewalk and the right-of-way
line.
B.
Sidewalks on local streets. All local streets shall
be provided with a sidewalk on one or both sides of the street, at
the discretion of the Planning Board. Such sidewalks shall be located
as follows:
(1)
When a sidewalk is to be provided along only one side
of a local street, the street paving shall be offset from the right-of-way
center line by eight feet. The sidewalk shall be five feet in width
and so placed that there will be a distance of three feet between
the sidewalk and the street paving. Planting of street trees will
be permitted in the space between the sidewalk and the right-of-way
line only.
(2)
When sidewalks are to be constructed along both sides
of a local street, the street paving shall be centered within the
right-of-way. Each sidewalk shall be five feet in width and so placed
that there will be a distance of three feet between the sidewalk and
the street paving. Planting of street trees will be permitted in the
space between the sidewalk and the right-of-way line only.
A.
Lot layout. Lots shall be laid out and arranged to avoid any foreseeable difficulties by reason of unusual topography or other natural conditions and to permit construction of buildings in full compliance with Chapter 210, Zoning.
B.
Deep lots. Lots shall not be of unreasonable depth;
but if such depth is unavoidable, provision should be made wherever
possible in the layout of the subdivision for streets which may be
added later through resubdivision to serve the development of the
rear lots.
C.
Corner lots. Corner lots shall be of sufficient dimensions
so that any structure placed thereon shall conform to the building
setback line on both streets, as well as side yard requirements, for
the zoning district in which the lot is located.
D.
Interior lots. No building permit shall be issued
for the erection of a building on any interior lot.
E.
Double-frontage lots. Lots whose front and rear lot
lines abut two separate and approximately parallel streets shall be
avoided, except in residential areas abutting a major artery right-of-way.
F.
Minimum lot size. Each lot shall be no smaller than the minimum size required by Chapter 210, Zoning, for the district in which it is located.
G.
Minimum lot width. The minimum lot width specified in Chapter 210, Zoning, may be measured at the front property building setback line along a line parallel to the street line.
H.
Side yard lines. An effort should be made to have
all side yard lines of lots at right angles to straight street lines
and radial to curved street lines.
I.
Driveway access. Wherever possible, lots shall be
laid out so that driveways have access to a street which is intended
to carry the least traffic.
J.
Block design. Each block shall normally be designed
to provide two rows of lots, but irregularly shaped blocks indented
by cul-de-sac streets and which contain interior parks will be acceptable
when properly designed and if the maintenance of such interior parks
is provided for in covenants and agreements acceptable to the Planning
Board.
A.
General objectives. Underground public improvements required by the Planning Board in accordance with § 176-17, Public improvements, and public utilities shall be placed in the street right-of-way, preferably between the street paving and the sidewalks or between the street paving and the right-of-way line. Where topography makes such placement impracticable, perpetual unobstructed easements at least 15 feet wide, with satisfactory access to the street, shall be provided for along lot frontages abutting the street line. Wherever possible, easements shall be as regular as possible. Subject to the discretion of the Town Board, an underground public improvement or utility operated for revenue by the Town or by a special district may be installed by the Town in a private street, provided that a public easement of satisfactory size is obtained for such improvement or utility. Before the street is paved, the subdivider shall install underground service connections for all required public improvements to the property line of each lot within the subdivision.
B.
Water. Where an appropriate public water main already
exists and is accessible, the subdivider must connect into said main
and provide a water connection for each lot. Where an appropriate
water main does not exist or is not accessible, the subdivider shall
install, at his expense, such main, together with all equipment necessary
to make such water system conform to the standards of the Town, or
provide an alternate water system acceptable to the Town Planning
Board and with approval by the New York State Health Department.
C.
Sanitary sewers. Where an appropriate public sanitary
sewer system is reasonably accessible, the subdivider shall install,
at his expense, the necessary connections into the system and provide
a sewer connection of each lot.
D.
Septic tank systems. Where an appropriate public sanitary
sewer system is not reasonably accessible, but where the plans for
the sanitary sewer district in which the subdivision is located have
been prepared, the subdivider, at his expense, in addition to installing
sanitary sewers in conformity with those plans for eventual connection
with a trunk sewer, shall provide private septic tank systems which
shall conform to the requirements of the New York State Health Department
and of all other authorities having jurisdiction. The Planning Board
shall ascertain that such lots shall be of sufficient size to provide
adequate leaching fields for satisfactory performance of the system.
E.
Septic systems. Where an appropriate sanitary sewer
system is not reasonably accessible or planned in the foreseeable
future, private septic tank systems, which shall conform to the New
York State Health Department, will be permitted.
F.
Storm drainage sewer systems. The subdivider shall
install all necessary storm drainage sewers and appurtenant facilities,
at his expense, in accordance with standards of the Town and of all
authorities having jurisdiction. Where an appropriate storm drainage
system is reasonably accessible, the subdivider shall provide appropriate
means and methods for stormwater runoff satisfactory to the Planning
Board and all other authorities having jurisdiction.
