Town of Sullivan, NY Article IV Development Standards for Subdivisions

§ 235-14 Development standards.

The Planning Board, in considering an application for the subdivision of land, shall be guided by the following considerations and standards:

§ 235-15 General.

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 Comprehensive Plan. Subdivisions shall conform to the streets and parks shown on the Official Map of the Town as may be adopted and shall be properly related to the Town Comprehensive Plan as it is developed and adopted by the Town Planning Board.

§ 235-16 Design standards.

A. Streets. The following regulations shall govern the layout of streets:

(1) Subdivisions shall be so designed as to provide a street pattern which is curvilinear in design. The design of the street pattern shall be based upon a local residential or minor street pattern connected to a residential collector street system.

(2) The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas, or their proper protection where adjoining land is not subdivided, at the same or greater width, insofar as such may be deemed necessary for public equipments.

(3) Local residential streets shall be designed so as to discourage through traffic.

(4) All right-of-way street widths and street roadways shall be measured at right angles or radial to the center line of the street and shall not be less than the following:

		Right-of-Way (feet)	Roadway (feet)
	Arterial street	120	(each lane 12 minimum)
	Collector street	80	36
	Local residential street	60	28
	Marginal service street	55	28

(5) Whenever possible, streets should intersect at right angles, and not intersect at angles of less than 60°, unless approved by the Planning Board.

(6) The grades of streets shall be in accordance with specifications established by the Town Engineer, and such grades as submitted on subdivision plats shall be approved by him prior to final approval by the Planning Board.

(7) All proposed subdivisions shall be designed to provide access to adjacent properties. When a proposed subdivision abuts an existing subdivision, the subdivider shall make every attempt to design the street system of the proposed subdivision to connect with dead-end or stub streets of the existing subdivision.

(8) The following standards shall apply to cul-de-sac streets:

(a) A cul-de-sac should be designed and graded, if possible, so that it drains toward its entrance.

(b) Unless there is the expectation of extending the street through to the adjoining property, a cul-de-sac street shall not be brought to the property boundary line but shall be placed so that the lots can back on the property line of the subdivision.

(c) No cul-de-sac shall exceed 500 feet in length as measured from the center line of the street at the open end to the radius point of the turnaround.

(d) All culs-de-sac shall have a turnaround at the end of the street which shall have a right-of-way radius of 65 feet; the outer curb at the turn shall have a minimum radius of 50 feet; and a twenty-foot paving width which will permit a turning radius of 30 feet at the inner curb.

(9) If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street through to adjacent property and reversion of the excess right-of-way to the adjoining properties.

(10) Private streets shall be prohibited.

(11) New half or partial streets shall not be permitted, except that wherever a proposed subdivision borders a half or partial street, the Planning Board may require that the other part of the street be platted in the proposed tract if it is found that such a requirement would increase the effectiveness of the circulation system in the area.

(12) Multiple intersections involving a junction of more than two streets shall be prohibited.

(13) Arterial streets shall not be intersected by local residential streets and/or collector streets less than 800 feet apart, measured from center line to center line.

(14) To avoid confusion, no street shall have a name which will duplicate or nearly duplicate the names of existing streets. The continuation of an existing street shall have the same name.

(15) The minimum radius of horizontal curve, minimum length of vertical curves, and minimum length of tangents between reverse curves shall be in accordance with specifications established by the Town Engineer, and said items shall be approved by him prior to final approval of the subdivision plat by the Planning Board.

B. Lots. The following regulations shall govern the layout of lots:

(1) The lot size, width, depth, shape, orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

(2) All lots shown on the subdivision plat must conform to the minimum requirements of Chapter 275, Zoning, as to area and dimensions, for the zone in which the subdivision is located. However, in the event of utilizing § 278 of the Town Law, the Planning Board may use its discretion in determining lot sizes.[1]

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

(3) Each lot shall abut on a street dedicated by the subdivision plat or an existing publicly dedicated street.

(4) Corner lots shall have extra width sufficient for maintenance of required building lines on both streets as required by Chapter 275, Zoning.

(5) Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.

(6) Side lines of lots shall be at right angles to straight streets, and radial to curved streets, where practical.

(7) Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.

(8) Double frontage lots will not, in general, be approved.

(9) Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 275, Zoning, and to provide for convenient access, circulation control, and safety of street traffic. Block lengths shall not exceed 1,200 feet nor be less than 400 feet; blocks abutting arterial streets shall have a minimum length of 1,000 feet and may exceed 1,200 feet. Blocks over 800 feet in length may be required to have a crosswalk, if necessary, to facilitate pedestrian circulation to a school, park, recreation area, shopping center, or other similar neighborhood facility. The minimum block width for two tiers of lots shall be 250 feet or twice the minimum lot depth as specified in Chapter 275, Zoning. Where double frontage lots are necessary, the minimum block width shall be 150 feet.

(10) Blocks intended for commercial or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and service facilities.

C. Easements. An easement shall be provided for all natural drainageways and all utility lines when such utility line or lines do not fall within a dedicated right-of-way. All easements shall be platted on the sketch plat and subdivision plat. A clause shall be inserted in the deed of each lot affected by an easement indicating that the easement exists and its purpose. Except as further required in this section, easements shall have a minimum width of 10 feet. Where a subdivision is traversed by a drainage way, channel, or stream, a drainage way easement conforming substantially with the lines of such water course shall be provided. The easement shall be twenty-foot wide or such width as will be adequate to preserve natural drainage and provide sufficient width for maintenance. Where it is found that additional easement width is needed, such width shall be determined by the Planning Board in consultation with the Town Engineer. To the fullest extent possible, easements, shall be centered on or adjacent to rear or side lot lines. All utility lines which are primarily intended to provide service to the lots within the subdivision shall be installed underground at a depth and at such locations as will minimize the risk of interruption of services and to the highest standards and specifications of applicable utility services and municipal authorities.

D. Landscaping and ground cover.

(1) All lot areas which are not covered by structures or paving shall be properly seeded and/or landscaping by the developer in conformity with the planting plan of the subdivision.

(2) Each lot shall be provided with a minimum of two trees which shall be in addition to the street shade trees. This requirement may be waived by the Planning Board in wooded areas where the subdivider intends to preserve existing trees. Said trees shall meet and be installed in accordance with the standards of the American Association of Nurserymen.

(3) Individual homeowners may, by written agreement with the subdivider and builder, seed and landscape their yards independently.

(4) When a proposed subdivision borders upon an existing commercial or industrial establishment, or any other use which, in the opinion of the Planning Board, may be visually detrimental to the tranquility of the future residents of the subdivision the Planning Board may require a landscape buffer zone to screen the subdivision from the visually noncompatible use.

E. Preservation of natural features.

(1) Topsoil moved during the course of construction shall be redistributed so as to provide a minimum depth of six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. At no time shall topsoil be removed from the subdivision without written permission from the Planning Board.

(2) To the fullest extent possible, all existing trees and shrubbery shall be conserved by the subdivider. Special consideration shall be given to the arrangement and ultimate improvement or development of the lots to this end. Precautions shall also be taken to protect existing trees and shrubbery during the process of grading the lots and roads. Where there is a question as to the desirability of removing a group of trees, which serve to add interest and variety to the proposed subdivision, in order to allow for use of the land for a lot or lots, the Planning Board may, after proper investigation, withhold approval of such lot or lots. Where any land other than that included in public rights-of-way is to be dedicated to public use, the developer shall not remove any trees from the site without written permission from the Planning Board.

(3) Where as subdivision is traversed by a natural lake, pond, or stream, the boundaries or alignment of said watercourse shall be preserved unless, in the opinion of the Planning Board, a change or realignment will enhance the development and beauty of the subdivision or the utilization of such features by the future residents of the subdivision. All proposed changes in water course alignment shall be in accordance with the New York State Environmental Conservation Law.[2]

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

(4) Unique physical features such as historic landmarks and sites, rock outcroppings, hilltop lookouts, desirable natural topography, and similar features shall be preserved if possible.

F. Floodplain.

(1) Mapping. If any portion of the land within the subdivision is subject to inundation or flood hazard by stormwater, such fact and portion shall be clearly indicated on the sketch plat and a prominent note on each map whereon any portion shall be shown.

(2) Use. Land subject to flooding, and land deemed by the Planning Board to be otherwise uninhabitable, shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life, or property, or aggravate the flood hazard.

G. Self-imposed restrictions. The owner may place restrictions on the development greater than those required by Chapter 275, Zoning. Such restrictions, if any, shall be indicated on the final subdivision plat.

H. Modification of standards. The Planning Board may modify the specified requirements in any individual case where, in the Board's judgment, such modification is in the public interest or will avoid the imposition of unnecessary individual hardship.

I. Parks, playgrounds, or open space.

(1) Land shall be reserved for park, playground, open space, or other recreational purposes in locations designated on the Town Comprehensive Plan, or elsewhere where the Planning Board deems that such reservations would be appropriate. Each reservation shall be of an area equal to 10% of the total land area within the subdivision, but in no case shall a reservation be less than five acres. The area to be reserved shall possess the suitable topography, general character, and adequate road access necessary for its recreational purposes.

(2) Where a subdivision is too small to establish an adequate recreation area site, or where the land in a subdivision is unsuitable in character, or where the Town Comprehensive Plan or good planning judgment would not locate a recreation area, the applicant will be required to provide a cash equivalent of $50 per lot, separate from the performance bond and deposited with the Town Clerk at the time of subdivision plat approved for the account of the Town of Sullivan Park, Playground, and Open Space Fund to be used for acquisition of such areas in suitable locations.

(3) Where the Planning Board requires land to be set aside for parks, playgrounds, or other recreational purposes, the Board shall require that the site be graded, loamed and seeded, and may require it to be fenced.

(4) When area for park, playground, recreational purposes, or open space shall have been required on the subdivision plat, the approval of said subdivision plat shall not constitute an acceptance by the Town of such an area.