A.
The Planning Board, in considering an application for
the subdivision of land, shall be guided by the following considerations and
standards.
C.
Strict application of the provisions in this article
may be waived by the Planning Board for good cause shown. These provisions
are intended to be consistent with the Design Criteria and Construction Specifications.
If in conflict, the more specific standards of the Design Criteria and Construction
Specifications shall apply.
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.
A.
Streets. The following regulations shall govern the layout
of streets:
(1)
Subdivisions shall be so designed as to provide a street
pattern which 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
requirements.
(3)
When a subdivision abuts or contains an existing or proposed
major arterial street, the Planning Board may require marginal access streets,
reverse frontage with screen planting contained in a nonaccess reservation
along the rear property line, deep lots with rear service alleys or such other
treatment as may be necessary for adequate protection of residential properties
and to afford separation of through and local traffic.
(4)
Local residential streets shall be designed so as to
discourage through traffic.
(5)
All right-of-way street widths and street pavements shall
be designed according to the Town Design Criteria and Construction Specifications.
(6)
Whenever possible, streets should intersect at right
angles and not intersect at angles of less than 75º unless approved by
the Planning Board.
(7)
The grades of streets shall be in accordance with the
Town Design Criteria and Construction Specifications and such grades as submitted
on subdivision plats shall, where appropriate, be approved by the Town Engineer
prior to final approval by the Planning Board.
(8)
All street right-of-way lines at intersections shall
be rounded by curves of at least 20 feet radius, and curbs shall be adjusted
accordingly.
(9)
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 subdivisions.
(10)
The following standards shall apply to cul-de-sac streets:
(a)
A cul-de-sac should be located, 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 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.
(c)
The length of the cul-de-sac shall not exceed six times
the minimum lot width for the zoning district.
(d)
All culs-de-sac shall have a turnaround at the end of
the street which shall have a right-of-way radius of 70 feet and pavement
radius of 50 feet.
(11)
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.
(12)
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.
(13)
Multiple intersections involving a junction of more than
two streets shall be prohibited.
(14)
Minor residential streets and residential collector streets
shall not intersect with arterial streets less than 800 feet apart, measured
from center line to center line.
(15)
The minimum distance between center line offsets at street
jogs shall be 150 feet.
(16)
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.
(17)
The minimum radius of horizontal curve, minimum length
of vertical curves and minimum length of tangents between reverse curves shall
be in accordance with the Town Design Criteria and Construction Specifications,
and said items shall be approved by the Town Engineer prior to final approval
of the subdivision plat by the Planning Board.
(18)
In general, street lines within a block, deflecting from
each other at any one point by more than 10º, shall be connected with
a curve, the radius of which for the center line of street shall not be less
than 400 feet on major streets, 200 feet on collector streets and 100 feet
on minor streets.
(19)
When a subdivision borders on or contains a railroad
right-of-way or limited access highway right-of-way, the Planning Board may
require a street approximately parallel to and on each side of such right-of-way,
at a distance suitable for the appropriate use of the intervening land (as
for park purposes in residential districts or for commercial or industrial
purposes in appropriate districts). Such distances shall also be determined
with due regard for the requirements of approach grades and future grade separations.
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 130, 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.
[Amended 9-8-2005 by L.L. No. 3-2005]
(3)
Each lot shall abut on a street built to the Town's specification.
(4)
Corner lots shall have extra width sufficient for maintenance or required building lines on both streets, as required by Chapter 130, 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.
(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, require modification of such lot or lots.
(8)
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 130, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
(9)
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.
(10)
Double frontage lots will not, in general, be approved.
(11)
The lot arrangement shall be such that in constructing a building in compliance with Chapter 130, 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.
(13)
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.
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 plotted on the
preliminary plat and final 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 20 feet. Where a subdivision is traversed by
a drainageway, channel or stream, a drainageway easement conforming substantially
with the lines of such watercourse shall be provided. The easement shall be
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. A five-foot easement running parallel with
and contiguous to all street and highway rights-of-way shall be provided to
the Town, granting the Town the right to protect, plant, prune, spray, remove,
control, regulate and improve shrubbery and shade trees thereon.
D.
Landscaping and ground cover.
(1)
All lot areas which are not covered by structures or
paving shall be properly seeded by the developer.
(2)
The developer shall provide a liberal and functional
landscaping scheme for the entire subdivision. 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 maintain existing trees.
(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
screen to buffer 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 at least four 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 site without written permission from the
Planning Board. There shall be a minimum of six inches of topsoil redistributed
over the leach beds or fields.
(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, 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.
(3)
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 9-8-2005 by L.L. No. 3-2005]
(4)
Unique physical features such as historic landmarks and
sites, rock outcroppings, hilltop lookouts, desirable natural contours and
similar features shall be preserved, if possible.
(5)
The subdivider shall not be permitted to leave any surface
depressions which will collect pools of water.
(6)
The subdivider shall not be permitted to leave any hills
or mounds of dirt around the tract. All surfaces shall be restored within
six months of the time of the completion of the section of the subdivision.
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 preliminary plat and a prominent note shall
be placed on each sheet of such map whereon any such 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.
Drainage improvements.
(1)
The subdivider may be required by the Planning Board
to carry away by pipe or open ditch any spring or surface water that may exist
either previous to or as a result of the subdivision. Such drainage facilities
shall be located in the street right-of-way, where feasible, or in peripheral
unobstructed easements of appropriate width.
(2)
A culvert or other drainage facility shall, in each case,
be large enough to accommodate potential runoff from its entire upstream drainage
area, whether inside or outside the subdivision.
(3)
The subdivider's engineer shall also study the effect
of each subdivision on the existing downstream drainage facilities outside
the area of the subdivision; this study shall be reviewed by the Town Engineer.
Where it is anticipated that the additional runoff incident to the development
of the subdivision will overload an existing downstream drainage facility
during a five-year storm, the Planning Board shall notify the Town Board of
such potential condition. In such case, the Planning Board shall not approve
the subdivision until provision has been made for the improvement of said
condition.
H.
Parks, playgrounds or open space.
(1)
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. For a major subdivision, each reservation shall be of an area
equal to 10% of the total land within the subdivision, but in no case shall
a reservation be less than two acres. The area to be preserved shall possess
the suitable topography, general character and adequate road access necessary
for its recreational purposes.
(2)
Where a major subdivision is too small to establish an
adequate recreation area site, 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, or in the case of a minor subdivision,
the applicant will be required to provide a cash equivalent as determined
by the Town Board to be deposited with the Town Clerk for the account of the
Town of Avon Park, Playground and Open Space Trust Fund to be used for acquisition
of such areas in suitable locations within the benefit area of the subdivision.
(3)
Where the Planning Board requires land to be set aside
for parks, playgrounds or other recreational purposes, the Board may require
that the site be graded, loamed and seeded and may require it to be fenced.
(4)
When area for park, playground, recreational purpose
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.
