The Parma Design Criteria and Construction Specifications for Land Development are adopted herein by reference, and shall establish the standard for subdivision design and construction. The Planning Board, in considering an application for the subdivision of land, shall also be guided by the following considerations and standards. If in conflict, the Planning Board shall decide on the applicable regulation.
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. Lots shall be so laid out to be in harmony with the development pattern of neighboring properties. Proper provision shall be made for drainage, water supply, sewage and other necessities.
Subdivisions shall conform to the streets, parks and other features shown on the Official Map of the town as may be adopted, and shall properly relate to the Town Comprehensive Plan as it is developed and adopted by the Planning Board.
Natural and historic features shall be preserved. Insofar as possible, all existing features of the landscape such as large trees, rock outcrops, water and flood courses, historic sites and other such irreplaceable assets should be preserved.
The design of the street pattern shall be based upon a local residential or minor street pattern connected to a residential collector street system.
The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas.
Local residential streets shall be designed so as to discourage through traffic.
All right-of-way street widths and street pavements shall be established according to the Design Criteria and Construction Specifications.
Wherever possible, streets should intersect at right angles and not intersect at angles of less than 75° unless approved by the Planning Board.
The grades of streets shall be in accordance with the Design Criteria and Construction Specifications and such grades as submitted on the final plat shall be approved by the Town Engineer prior to final approval by the Planning Board.
The following standards shall apply to cul-de-sac streets:
Unless there is the expectation of extending the street through to the adjoining property, a cul-de-sac street should never be brought to the property boundary line, but should be placed so that the lots can back on the property line of the subdivision.
No cul-de-sac shall be allowed to serve more than 20 dwelling units.
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.
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.
The Planning Board may require or recommend the selection of street names from an approved list. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
The Superintendent of Highways and/or the Town Engineer shall approve highway plans, in writing, and shall have the right to inspect during construction.
Private drives shall be considered on a case-by-case basis and designed in accordance with the Design Criteria and Construction Specifications.
Where more than three units are to be served by a private drive, the developer shall construct the roadway to the minimum specifications of the town for a parkway road section.
Setbacks on lots served by private drives shall be based on a conventional public street right-of-way width.
The deeds of each lot served by the private drive shall include language to the effect that the property owner shall offer no protest to the future dedication of the private drive to the town.
The town will not accept a private road as a public street until all improvements required by these regulations are completed.
At the discretion of the Planning Board, private drive design to serve a development may be submitted to the Town Engineer for review. Said review shall be at the expense of the applicant.
No certificate of occupancy shall be issued until the private drive is installed in accordance with town specifications and requirements, or a letter of credit is obtained. Such installation shall be to the satisfaction of town officials or the Town Engineer.
A subdivider proposing a private drive to serve a development shall cause to be recorded in the Monroe County Clerk's office a declaration of covenants, restrictions and easements regarding said private drive, in a form acceptable to the Town Attorney, which shall at a minimum provide:
For reciprocal easements for use of said private drive for each owner of a lot in the subdivision.
For a declaration that the town has no responsibility for the maintenance of the private drive.
That maintenance of the private drive is the responsibility of the owners of the lots. "Maintenance" shall include normal upkeep, reconstruction, drainage, snow plowing and any other actions necessary to maintain the private drive.
Access considerations; road design.
Street systems shall be designed with due regard to the needs for: convenient traffic access and circulation; traffic control and safety; access for fire fighting, snow removal and street maintenance equipment; and stormwater drainage and sewage disposal. Streets shall be designed to accommodate the prospective traffic, and so arranged as to separate through traffic from neighborhood traffic insofar as it is practical.
Where a site is not directly served by a roadway or where an existing roadway is inadequate to accommodate the project, construction or improvement of roads not directly adjacent to the proposed project may be required of the applicant by the town in order to provide sufficient access. The quantity of improvements required shall be based on the needs of the project. Sufficiency shall be determined by the Planning Board in consultation with the Town Engineer.
Where a subdivision abuts on or contains an existing or proposed arterial street or other existing village, town, county or state highway, the Planning Board may require necessary realignment and widening of the right-of-way in accordance with county, town or state standards and to the satisfaction of the Town Engineer. Frontage roads or parallel access roads may be required to eliminate direct access to arterial or collector roads.
Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations.
Subdivisions shall be connected to a constructed and maintained road in at least two places wherever practical or appropriate.
Reserve strips shall be prohibited except where controlled by the town. However, the Planning Board may require the reservation of an easement 20 feet wide for pedestrian traffic or utilities.
Driveway access location and grades shall be such that exiting and entering vehicles pose no threat to vehicles on the roadway. Adequate sight distance shall be provided. Driveway intersection design and grades shall be established by the Design Criteria and Construction Specifications.
Driveways shall be designed such that emergency vehicles can access the building site, in accord with standards established in the New York State Uniform Building and Fire Code. Absent of any standards, the chief of the local fire district serving the building site and the Code Enforcement Officer, with the advice, if desired, of the Town Engineer, shall be responsible for recommending to the Planning Board on the sufficiency of access in accord with this section.
[Amended 4-18-2000 by L.L. No. 1-2000; 9-7-2010 by L.L. No. 1-2010]
The Planning Board shall from time to time, as part of the process of approving plats, require that the subdivider provide such easements as are required to provide access to contiguous properties onto a public highway via frontage or service roads, common driveways or such other roadways as are required so that the number of entrances and exits onto and off from state, county and town highways are not increased.
Widening of existing street right-of-way. Where a subdivision or other development adjoins an existing street which does not conform to the right-of-way standards given in the design criteria, the development shall dedicate whatever additional right-of-way width is necessary to provide, on the development side of the normal street center line, a width which is equal to at least 1/2 of the minimum standard width for the respective type of street.
All lots shown on the final plat must conform to the minimum requirements of Chapter 165, Zoning, as to area and dimensions for the zone in which the subdivision is limited, except in the event of utilizing § 278 of the Town Law.
Each lot shall abut a street or private drive built to the town's specifications.
Backland or flag lots may be permitted, subject to Planning Board approval, but must access a public street or road by a strip of land at least 20 feet in width and it must be owned in fee by the lot owner.
Backland lots meeting or exceeding the minimum zoning size requirements may be approved, provided that a right-of-way access strip at least 20 feet in width, owned in fee with the lot, extends from a public street to the lot. The Planning Board shall have the right to approve or reject such lots on a case-by-case basis.
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.
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 investigations, require modification of such lots.
Blocks intended for commercial or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.
The length of blocks shall generally not be greater than 1,200 feet and no less than 400 feet. Those exceeding 900 feet may be required to be bisected by a dedicated path or easement located approximately at the center to accommodate utilities and pedestrian traffic.
The width of blocks shall be sufficient to allow two tiers of lots, except for blocks adjacent to utility rights-of-way, water bodies or major streets.
Lot area and width determinations.
Easement dedications for nonsurface or nonstructural uses, including underground utility lines or drainage ways, may be credited toward minimum allowable lot area, provided that operation and maintenance of the facilities shall remain unimpaired and the area of the easement comprises a usable portion of the lot.
Minimum lot width shall normally be measured at the edge of the road right-of-way. The minimum lot width shall also apply to the width at the front setback or building line. The Planning Board shall have authority to interpret lot width and average lot depth for unusually shaped or situated lots.
Road design and construction specifications. Engineering design, grades, right-of-way widths, and improvements of and along roads shall be established by and conform to the design criteria and construction specifications.
Intersection requirements. Intersections shall be designed and improved consistent with the design criteria and construction specifications.
Traffic safety. Traffic signs and safety devices shall be provided and installed in accordance with the design criteria and construction specifications, and New York State Department of Transportation (NYSDOT) Manual of Uniform Traffic Control Devices. Clearance of obstacles to vision at the intersections, provisions of merging tapers, channelization, signalization, pullovers and turning areas, fire lanes and school bus stopping areas shall be provided where required by the Planning Board.
Easements. An easement shall be provided for all natural drainage ways and all utility lines when such utility line or lines do not fall within a dedicated right-of-way. All easements shall be plotted on the preliminary plat and final 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 20 feet. Where a subdivision is traversed by a drainageway, channel or stream, a drainage way easement conforming substantially with the lines of such watercourse shall be provided. The easement shall be at least 20 feet 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 risk of interruption of services.
Landscaping and ground cover.
All lot areas which are not covered by structures or paving shall be properly seeded by the developer not later than six months after completion of main structures in accordance with the design criteria and construction specifications.
The developer shall provide a liberal and functional landscaping scheme for the entire subdivision. This requirement may be waived by the Planning Board in wooded areas where the subdivider intends to maintain existing trees. Trees shall be provided in accordance with the Design Criteria and Construction Specifications.
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 screen to buffer the subdivision from the visually noncompatible use.
Preservation of natural features.
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, require modification of such lots. Where any land other than that included in public rights-of-way is to be dedicated to the public use, the developer shall not remove any trees from the site without written permission from the Planning Board.
Where a 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 watercourse alignment shall be in accordance with the revised New York State Environmental Conservation Law.
[Amended 4-18-2000 by L.L. No. 1-2000]
Unique physical features, such as historic landmarks and sites, rock outcroppings, mature trees, hilltop lookouts, desirable natural contours and similar features, shall be preserved if possible.
All land clearing and grading plans and practices shall be consistent with the Design Criteria and Construction Specifications.
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 preliminary plat and the prominent note on each sheet of such map whereon any such portion shall be shown.
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.
Self-imposed restrictions. The owner may place restrictions on the development greater than those required by Chapter 165, Zoning. Such restrictions, if any, shall be indicated on the final subdivision plat.
Park, playgrounds or open spaces.
Land shall be reserved for park, playground, open space or other recreational purposes in locations designated on the Comprehensive Plan or elsewhere where the Planning Board deems that such reservations would be appropriate. The area to be preserved shall possess the suitable topography, general character and adequate road access necessary for recreational purposes. This exempts streets, roads, common parking areas or required yards.
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.
When area for park, playground, recreational purposes or open space shall have been required on the final plat, the approval of said final plat shall not constitute an acceptance by the town of such an area.
If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any such plat or is otherwise not practical, the Planning Board pursuant to § 277 of the Town Law shall require as a condition of approval of any such plat a payment to the town of a sum to be determined by the Town Board and set forth in a separate payment schedule, which sum shall constitute a trust fund to be used by the town exclusively for neighborhood park, playground or recreation purposes including the acquisition of property. Such amount shall be paid to the Town Board at the time of the issuance of a building permit.
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.