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 Town of Rochester. 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. The Planning Board shall review all applications for subdivision
with regard to the standards and regulations of this Code and any
applicable local, county, state, or federal standards or regulations.
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.
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.
F.
Wherever possible, lot lines shall follow Town boundary lines rather
than cross them, and reserve strips controlling access to lots, public
rights-of-way, public lands or adjacent private lands are prohibited.
G.
Subdivision of land located in the FEMA mapped 100-year floodplain
or containing federal or New York State designated wetlands shall
be required to adhere to any federal, state, or local regulations
of those areas. The Planning Board shall require plat and deed notations
and restrictions illustrating such regulations. Each lot fronting
on a named stream depicted on United States Geological Survey maps
shall include a setback of 100 feet in depth from the high water mark
of such stream and include a plat notation indicating such setback.
No principal structure shall be located within such setback. The Planning
Board shall, however, be authorized to modify this requirement where
necessary or to accommodate reasonable use of properties outside the
floodplain, provided other mitigating measures such as deed covenants
limiting clearing near the stream are employed to protect stream quality.
H.
The subdivision shall avoid adverse impacts to existing groundwater
users and/or surface waters. Elements related to wellhead protection
areas, water uses, potential contaminant sources and related matters
shall be included with the preliminary subdivision submission.
I.
The Planning Board may appropriately modify the standards herein
to accommodate solar and other energy efficient systems. No homeowner
or property owner association shall prohibit solar energy systems.
Covenants and restrictions connected with projects requiring subdivision
approval shall be reviewed for purposes of ensuring there are no such
prohibitions.
A.
Design criteria. The following planning and design standards shall
apply to all subdivisions.
(1)
The proposed subdivision shall be designed to cause the least practicable
disturbance to natural infiltration and percolation of precipitation
to the groundwater table through planning of vegetation and land disturbance
activities and avoiding the placement of impervious surfaces in locations
having the greatest permeability where precipitation is most likely
to infiltrate and recharge the groundwater.
(2)
No clearing or earth disturbance (except for access for soil analysis
for proposed sewage disposal systems and similar testing) shall be
permitted on a site before the securing of preliminary subdivision
approval.
(3)
Stream valleys, swales, and other lowland areas may require adjoining
buffer lands to be included in the conservation area.
(4)
Because of their resource values, all woodlands exceeding one acre
on any tract proposed for conservation subdivision shall be evaluated
and shall be preserved and designated as conservation areas, to the
maximum extent possible. Proposed site improvements shall be located,
designed, and constructed to minimize the loss or degradation of woodland
areas. Nothing herein shall prevent development of woodlands as a
general principle if an entire site is wooded.
(5)
Subdivisions shall be designed to preserve woodlands along roadways,
property lines, streams, swales, stone fences and hedgerows. Such
lines and the existing vegetation associated with them shall be preserved
as buffers between adjacent properties and between areas being subdivided
within a property. Preservation shall include ground, shrub, understory,
and canopy vegetation.
(6)
Areas comprising fields, pastures and meadows with fences, stone
walls, tree copses, hedgerows and visually prominent places such as
knolls and hilltops shall be maintained where practicable by employing
compact clustered residential designs in locations such as at the
far edge of open fields.
(7)
All grading and earthmoving on slopes exceeding 15% grade shall be
minimized. No site disturbance shall be allowed on slopes exceeding
25% grade, except grading for a portion of a driveway accessing a
single-family dwelling when it can be demonstrated that no other routing
that avoids slopes exceeding 25% is feasible. Exceptions may also
be granted where structures are built into the slope to minimize total
disturbance. When building on slopes, applicants should take advantage
of topography by building multilevel structures with entrances on
more than one level (e.g., walk-out basements, garages under buildings),
rather than grading entire sites flat.
(8)
Applicants shall, to the maximum extent practicable, protect significant
natural areas known from official records to contain rare or endangered
plants and animals, as well as other features of natural significance
identified by the Town's Comprehensive Plan or by the applicant's
existing resources and site analysis by incorporating them into proposed
conservation areas.
(9)
Where a plan will have an impact on an historic resource referenced
in the Town Comprehensive Plan or identified by the Town Historic
Preservation Commission, the developer may be required to mitigate
that impact, to the maximum extent practicable, by modifying the design,
relocating proposed lot lines, providing landscape buffers or using
other approved means.
(10)
When trails are intended for public or private use, they shall
be protected by a permanent conservation easement on the properties
on which they are located. The width of the protected area in which
the trail is located should be a minimum of 10 feet. The land area
permanently designated for trails for public use may be credited toward
any open space requirement.
(11)
Wherever feasible, the subdivider shall retain and reuse existing
old farm roads and lanes rather than constructing new roads or driveways.
Stone walls and hedgerows shall be employed in the development design
where practicable. The subdivider should also avoid placing buildings
in the middle of open fields. However, septic systems and leach fields
should generally be located in open fields, when possible.
(12)
Existing vegetation and topography should be used to buffer
and screen new buildings if possible, unless they are designed and
located close to the road in the manner historically found in the
Town. Buildings should be sited in groups or tucked behind treelines
or knolls rather than spreading them out across the landscape in a
"sprawl" pattern. Clearing of vegetation at the edge of the road should
be minimized, clearing only as much as is necessary to create a driveway
entrance with adequate sight distance.
(13)
Curves should be created in driveways to increase the screening
of buildings. Buildings should be sited so they do not protrude above
treetops and crestlines of hills as seen from public places and roads.
Vegetation should be used as a backdrop to reduce the prominence of
the structure. Wherever possible, views should be opened up by selective
cutting of small trees and pruning lower branches of large trees,
rather than by clearing large areas or removing mature trees.
C.
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 10 feet and be all-weather-surfaced for not less than
three feet in width.
D.
Blocks shall not exceed 1,200 feet in length. 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 or other
unsubdivided area.
E.
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 interior 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.
F.
No dead-end roads without proper turnarounds shall be permitted.
Cul-de-sac streets shall not exceed 2,000 feet in length or six times
the minimum lot width of the lots along said road, whichever is greater,
measured from the center line of the continuous road providing the
only access to the cul-de-sac or turnaround. Roads which terminate
without connection to another roadway must be designed as culs-de-sac
as further described herein. Cul-de-sac streets, permanently designed
as such, shall not furnish access to more than 25 dwelling units.
Cul-de-sac streets shall have, at the closed end, a turnaround with
the right-of-way having an outside diameter of not less than 100 feet
and shall be surfaced to a diameter of not less than 90 feet. An inside
landscaped area of not more than 60 feet in diameter shall be encouraged.
Drainage of culs-de-sac shall preferably be toward the open end. 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. The Planning
Board may also require turn-around or pulloff areas along the way
for safety purposes in the case of long culs-de-sac.
G.
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.
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 the rear yard shall always be opposite the frontage
so designated.
J.
All lots shall front on the edge of a public or private road right-of-way
(existing or proposed) and the right-of-way of the principal access
to any subdivision shall be a minimum of 50 feet in width.
 |
(1)
Insufficient frontage with access via shared driveway. The Planning Board may grant a waiver from required lot frontage and other street requirements of this chapter upon written request and application by the developer to the Planning Board to permit a subdivision which would result in access to no more than two single-family dwellings or lots which do not have the required minimum lot frontage and are proposed to gain access from a shared driveway through the establishment of a right-of-way. The shared driveway shall be utilized by no more than a total of three single-family residential lots including the lot it has access over. The Planning Board shall review such application in the manner as prescribed under the Town of Rochester Code section § 140-10D(3) and no approval shall be granted unless 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 the lot in question is not capable of being subdivided further or is so restricted. Evidence of satisfactory shared arrangements for ownership and maintenance of the drive shall also be provided in the form of deed covenants and a road maintenance agreement. See also § 125-29R hereof.
(2)
Private road frontage application review. The Planning Board, in
review of such site plan or subdivision which has or proposes lot
frontage on or has access by a private road, shall refer such application
to the Town Highway Superintendent for determination as to the condition
of the private road and determination if such private road meets Town
standards for private roadways. The Planning Board may impose conditions
of approval stating the lot in question is not capable of being subdivided
further or is so restricted, may impose restrictions on the issuance
of building permits, may restrict the use of such parcels to single-family
residential use, may require improvements be made to an existing private
road, or any other conditions determined to be in the interest of
health, safety, and welfare.
(3)
At the discretion of the Town Superintendent of Highways, any residential
use parcel which has frontage on two or more Town roads may be required
to access the public road via the lesser-traveled roadway; similarly,
any residential use parcel which has frontage on a private road and
a Town road may be required to access the private road.
K.
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.
L.
Where any portion of subdivision roadways or infrastructure is to
be located in an adjoining municipality, the final subdivision plats
cannot be signed until such infrastructure is complete and approved
by the adjoining municipality.
A conservation subdivision is one where lots or dwelling units
are clustered closer together on a tract with the specific objective
of creating large usable sections of open space on the remainder of
the property. Conservation subdivisions offer flexibility in design,
facilitate the economical provision of streets and utilities and preserve
open space. The following regulations shall apply to such development
in the Town of Rochester:
A.
The Town of Rochester Planning Board shall be authorized, simultaneously
with the approval of plans under this chapter, to apply the provisions
set forth in this section for the purpose of accommodating conservation
subdivision projects. Section 278 of the Town Law, including but not
limited to §§ 3(b), is hereby superseded so as to permit
the increases in density and reductions in lot sizes and other changes
in bulk requirements required to accommodate conservation subdivisions
as provided herein. Conservation subdivisions shall be allowed anywhere
within the Town of Rochester.
B.
The Planning Board may authorize conservation subdivision, as a form of development, in those instances where conventional subdivisions or residential developments would cause significant loss of open space or otherwise result in significant negative environmental impacts, using the standards of §§ 125-22A above as a guide.
C.
Conservation subdivisions shall ordinarily include at least five lots and 10 acres of contiguous land but the Planning Board may require conservation subdivision design practices to protect particularly valuable open spaces. The Planning Board shall have the authority to require the submission of an alternative sketch plan, for any subdivision of 10 lots or more, or any major subdivision, depicting how the property might be developed using this technique. This alternative sketch plan may be used to ascertain the best method of developing a given property. The Planning Board shall apply conservation design criteria from § 125-22A above to preserve vital open spaces identified in the Town Comprehensive Plan and related documents, while, at a minimum, maintaining the density allowed under the Town Zoning Law. No less than 40% of the gross acreage of any conservation subdivision shall be composed of open space.
D.
The Planning Board shall be authorized to modify development standards
as provided below and grant a density bonus of 25% where 50% or more
of the tract is preserved as open space and conservation subdivision
is proposed.
E.
Single-family detached and two-family dwellings (at the same dwelling
units per acre) shall be the preferred development employed in this
concept. Multifamily dwellings may be considered upon presentation
of the community need for such development.
F.
Lot size.
(1)
Development standards for streets, lot size, lot width, lot coverage
and lot depth may be reduced, provided no dwelling structure (single-family
or two-family) is located on less than:
(2)
A mix of lot sizes will be encouraged and up to 20% of the lots may
consist of lots of 10 acres or more that shall be counted as open
space for density calculation purposes if deed restricted from further
subdivision. Such lots shall represent no more than 25% of the open
space. Yard requirements may also be reduced, but in no instance to
less than 20 feet for the front yard and 10 feet for the side and
rear yards. Notwithstanding these yard requirements, however, all
principal structures shall be separated by a distance of at least
40 feet. Also, no more than 35% of any given acre shall be covered
with impervious surface in the form of access drives, parking areas
or structures.
G.
No individual parcel of common open space shall be less than one
acre except as to roadway median strips, traffic islands, walkways,
trails, courtyards, play areas, recreation facilities, and drainageways
leading directly to streams, historic sites or unique natural features
requiring common ownership protection. No more than 50% of the permanent
open space may consist of wetlands, floodplains, slopes of 25% or
more, water bodies and other undevelopable areas unless incorporated
into the open space in such a manner as to make substantial practical
use of these areas for trails, other active recreational uses (e.g.,
ballfields and golf courses) or similar development features, including
use for stormwater and sewage treatment. Such determination shall,
however, be solely in the discretion of the Planning Board. The Planning
Board may also require open space linkages with adjoining properties,
set-asides of active recreation area for residents and fronting of
up to 50% of lots on open spaces. Open spaces within a property shall
be contiguous with residential lots and linked to each other and public
rights-of-way wherever possible to facilitate common use by the residents
of the development.
H.
The open space resulting from conservation subdivision design shall
be permanently protected through a conservation easement. The easement
shall be titled to a homeowners' association (HOA), land trust, municipality
(if accepted by the governing body) or other public entity and placed
under such management as to ensure the perpetual maintenance of the
open space in its generally existing condition. Such land may be used
for any open space purpose approved by the Town Planning Board, including
farming, active or passive recreational use and similar activities
that will effectively preserve open spaces and the existing landscape
character, prior to the sale of any lots or dwelling units within
the subdivision. Private, deed-restricted ownership for use in open
spaces or agriculture may also be approved at the discretion of the
Planning Board. The Town Board must approve the form of all conservation
easements and may require the Town be designated therein as a party
with rights to enforce such agreement.
I.
Membership in any HOA to which open space is to be dedicated shall
be mandatory for each property owner within the subdivision and successive
owners with voting of one vote per lot or unit. The subdivider shall
have full responsibility for operation and management of the HOA until
such time as 90% of the lots or units are sold. All restrictions on
the ownership, use and maintenance of common open space shall be permanent
and the HOA shall be responsible for liability insurance, local taxes,
and maintenance of all open space, recreational facilities and other
commonly held amenities. Each property owner must be required to pay
their proportionate share of the HOA's cost and the HOA must be able
to file liens on the lot/unit owner's property if levied assessments
are not paid. The HOA must also have the ability to adjust the assessment
to meet changing needs. Should requirements of federal or New York
State law differ from these provisions, the higher standards shall
apply.
J.
Wells and sewage treatment systems of either an individual or central
nature as defined herein may be located within or extend into open
space areas provided that infrastructure associated with such systems
shall not count toward open space requirements and further provided
that subsurface sewage disposal methods are employed, all required
isolation distances are observed and the ownership and maintenance
responsibilities associated therewith are clearly defined in agreements
submitted for approval as part of the subdivision application. No
application shall be approved that does not provide lot buyers with
both the legal authority and the responsibility, individually or collectively,
to maintain all sewer and water facilities on a continuing basis.
K.
The HOA shall be responsible for maintenance of all improvements
including not only roads, utilities and recreation facilities, but
also stormwater management improvements as required herein or by other
Town or state regulations.
L.
The following process shall be followed in preparing a conservation
subdivision plan once the applicant or Planning Board has determined,
from a sketch plan submission, that this is the form of development
for the property in question. This process shall be in addition to
normally applicable subdivision procedures.
(1)
The applicant shall submit an existing resources and site analysis
map giving a comprehensive analysis of existing conditions on the
proposed development site. It shall include:
(a)
Topography at contour intervals of no less than five feet. Slopes
of 15% to 25% and exceeding 25% shall be clearly indicated.
(b)
The location and delineation of ponds, streams, ditches, vernal
pools, drains, and natural drainage swales, as well as the 100-year
floodplains and designated wetlands.
(c)
Vegetative cover conditions on the property according to general
cover type including cultivated land, permanent grassland, meadow,
pasture, old field, hedgerow, woodland and trees with a caliper in
excess of 15 inches. The Planning Board may waive tree locational
requirements within wetlands, floodplains, on slopes greater than
25%, and in other areas proposed to be conserved in their natural
state.
(d)
Soil series, types and phases, as mapped by the U.S. Department
of Agriculture, Natural Resources Conservation Service.
(e)
A viewshed analysis showing the location and extent of views
into the property from public roads and from public parks, and public
forests.
(f)
Geologic formations on the proposed development parcel, including
rock outcropping, cliffs, sinkholes, and fault lines, based on available
published information or more detailed data obtained by the applicant.
(g)
All existing man-made features, including but not limited to
streets, driveways, farm roads, woods roads, trails, buildings, foundations,
stone walls, wells, drainage fields, dumps, utilities, stormwater
detention facilities and storage tanks.
(h)
Locations of all historically significant sites or structures.
(2)
After preparing the existing resources and site analysis map, applicants
shall arrange for a site inspection of the property by the Planning
Board and other Town officials. Based on the map and inspection, a
four-step design process shall then be applied to determine the layout
of proposed conservation areas, house sites, streets and lot lines,
as described below:
(a)
Proposed conservation areas shall be designated using the existing
resources and site analysis map. Primary conservation areas shall
be delineated comprising floodplains, wetlands and slopes over 25%.
Secondary conservation areas shall also be delineated and prioritized
for preservation.
(b)
Tentative house sites shall be identified. They should generally
be located not closer than 100 feet from primary conservation areas
and 50 feet from secondary conservation areas, taking into consideration
the potential negative impacts of residential development on such
areas as well as the potential positive benefits of such locations
to provide attractive views and visual settings for residences.
(c)
Upon designating the house sites, a street plan shall be designed
to provide vehicular access to each house, bearing a logical relationship
to topographic conditions. Impacts of the street plan on proposed
conservation areas shall be minimized. Street connections shall generally
be encouraged to minimize the number of new culs-de-sac and facilitate
access to and from homes in different parts of the tract.
(d)
Upon completion of the preceding three steps, lot lines shall
be drawn to delineate the boundaries of individual residential lots.
A.
In the case of subdivisions of 25 or more lots, then 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 10% 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.
B.
If the Planning Board determines a suitable park or parks of adequate
size cannot be properly located within a subdivision or is otherwise
not practical, then the Board shall require, as a condition to approval
of any such plan, a payment to the Town in an amount set from time
to time by resolution of the Town Board, which amount shall be available
for use by the Town for neighborhood park, playground or recreation
purposes, including the acquisition of property.
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
Ulster County Department of Health and the local fire district(s).
Suitable agreements shall also be established for the ownership and
maintenance of such distribution system.
A.
All residential lots shall contain suitable areas for on-site sewage
disposal systems 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 plans and design
standards shall meet DEC requirements. Formal approval of DEC shall
be required prior to final plan 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 Ulster County 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, where the Ulster County Department
of Health does not control.
D.
Sanitary sewers shall not be used to carry stormwater.
Should any subdivider intend, through road construction or installation
of other subdivision improvements, to make land changes by grading,
filling, excavating or the removal 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 water courses or impoundments. Erosion
control measures may include but are not limited to hay bales, silt
fences or other provisions or combinations thereof.
A.
Stormwater management. No application for major subdivision approval
shall be reviewed until the Town of Rochester Planning Board has received
a stormwater pollution prevention plan (SWPPP) prepared in accordance
with the specifications of this local law and as required by New York
State. All SWPPPs, except as noted above, shall provide for the following:
(1)
A map depicting the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s); wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharge(s);
(2)
Description of the soil(s) present at the site and the source of
this data;
(3)
A construction phasing plan describing the intended sequence of construction
activities, including clearing and grubbing, excavation and grading,
utility and infrastructure installation and any other activity at
the site that results in soil disturbance;
(4)
A description of the pollution prevention measures that will be used
to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
(5)
Temporary and permanent structural and vegetative measures to be
used for soil stabilization, runoff control and sediment control for
each stage of the project from initial land clearing and grubbing
to project close-out;
(6)
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice;
(7)
Dimensions, material specifications and installation details for
all erosion and sediment control practices, including the sighting
and sizing of any temporary sediment basins;
(8)
An implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
(9)
A stormwater maintenance agreement to ensure continuous and effective
operation of the erosion and sediment control practice;
(10)
A delineation of SWPPP implementation responsibilities for each
part of the site;
(11)
A description and site map/construction drawing(s) showing the
specific location(s) and size(s) of each post-construction stormwater
management practice;
(12)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
(13)
Comparison of post-development stormwater runoff conditions
with pre-development conditions;
(14)
Dimensions, material specifications and installation details
for each post-construction stormwater management practice;
(15)
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and in a declaration of covenants and
restrictions recorded in the Ulster County Clerk's office and shall
remain in effect with transfer of title to the property;
(16)
The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices fully meets the requirements of this chapter and § 140-22 of the Town of Rochester Zoning Law.
(17)
The applicant shall assure that all other applicable environmental
permits have been or will be acquired for the land development activity
prior to approval of the final stormwater design plan.
(18)
Stormwater management practices shall be designed and constructed in accordance with the New York State Stormwater Management Design Manual, New York Standards and Specifications for Erosion and Sediment Control and § 140-22 of the Town of Rochester Zoning Law, provided that such practices shall maximize use of natural stormwater management methods (e.g., grass swales) and minimize use of dry above-ground stormwater detention facilities. Generally, applicants shall employ low-impact development techniques as provided for in the New York State Stormwater Management Design Manual. Infiltration practices shall be used whenever acceptable under DEC guidelines. Applicants shall provide deep test pits and percolation tests in support of this or demonstrate infiltration is not a viable practice for the site in question.
(19)
No land development activity in conjunction with any subdivision
shall cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
(20)
GPS (global positioning system) reference data for stormwater
outfalls and permanent structures built in accordance with New York
State Stormwater Management Design Manual shall be required on all
subdivision plans.
B.
Stormwater management system maintenance.
(1)
The stormwater maintenance agreement and management plan for any
major subdivision shall contain an operation and maintenance plan
prepared by the applicant and approved by the Town Engineer, which
shall include the estimate of annual maintenance costs. The operation
and maintenance plan shall establish responsibilities for the continued
operation and maintenance of all common stormwater management improvements,
which shall include all stormwater management improvements designed
to serve more than a single lot or dwelling. All such facilities associated
with the approved subdivision plan shall be owned and maintained by
a homeowners' association (HOA) or such other entity as may be approved
by the Town Board with the advice of the Attorney for the Town. The
developer shall be responsible until no less than 90% of lots are
sold. The HOA or other approved entity shall at all times properly
operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used to achieve
compliance with the requirements of this chapter. Sediment shall,
at a minimum, be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%.
(2)
Prior to approval of any subdivision plan where common stormwater
management improvements are required, the property owner, HOA or other
approved entity shall sign and record a maintenance agreement covering
all common stormwater management facilities. Such maintenance agreement
shall be subject to the review and approval of the Planning Board
and Town Attorney.
(3)
Inspections.
(a)
Stormwater detention and retention basins or facilities owned
or managed by an HOA/developer shall be inspected by a registered
professional engineer licensed in the State of New York on behalf
of the applicant or responsible entity on the following basis:
(b)
The professional engineer conducting the inspection shall be
required to submit a written report to the HOA or other approved entity,
with a copy to the Town of Rochester Building Department, within one
month following completion of the inspection. The report will present
documentation and include pictures regarding the condition of the
facility and recommend necessary repairs, if needed. Any needed repairs
shall be implemented by the HOA or other approved entity within three
months of the report issuance date.
(4)
No person shall allow, or cause to allow, stormwater discharges into
the Town's separate storm sewer system that are not composed entirely
of stormwater, discharges from firefighting, water from foundation
drains, flows from natural sources and flows from other similar uncontaminated
sources. The following connections are prohibited:
(a)
Any drain or conveyance, whether on the surface or subsurface,
which allows any nonstormwater discharge including sewage, process
wastewater or wash water, to enter the separate storm sewer system
and any connections to the storm drain system from indoor drains and
sinks.
(b)
Any drain or conveyance connected from a commercial or industrial
land use, except as may be approved by the Planning Board as part
of a mixed-use development plan.
(5)
The Planning Board may require that a major subdivision plan include
a set of best management practices (BMPs) from which the owner of
any individual lot must choose in implementing stormwater management
measures in conjunction with property development. Such BMPs shall
be fully specified in the subdivision plans and imposed by restrictive
deed covenant making reference to such plans. No person shall modify,
remove, fill, landscape or alter any such on-lot stormwater management
improvements or drainage easement, unless it is part of an approved
maintenance program, without the written approval of the HOA or other
approved entity.
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. All streets and driveways
shall conform to New York State Fire Code access requirements.
(1)
In general, all streets shall be continuous and in alignment with
existing streets and shall compose a convenient system to ensure 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.
(4)
The arrangement of streets in new subdivisions shall make provision
for the extension of streets to adjoining property, including the
grant of rights-of-way for these purposes.
(5)
Streets shall be laid out to intersect at ninety-degree angles. Where
not possible, the minimum adjustment required may be approved provided
that in no event shall any street intersect another at less than 75°.
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 offset a minimum of 125 feet. Where impossible to create
such offsets, such streets shall be laid out directly opposite one
another utilizing stop signs or signals.
(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 (see illustration) shall be provided at all
street intersections. No structure or vision-obstructing object other
than utility poles, street lights, street signs, or traffic signs
shall be permitted that obscures vision in these triangles above the
height of 36 inches and below 10 feet measured from the centerline
grade of intersecting streets. Such triangles shall be established
at 75 feet from the point of intersection of the centerlines.
 |
(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 plans
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)
Lots located on an existing street or right-of-way not meeting these street standards may be further subdivided only if such existing street or right-of-way is improved to the maximum extent practicable to meet current standards, as shall be determined by the Town of Rochester Highway Superintendent. Lots located on streets or rights-of-way that cannot be improved to meet current standards shall be limited to a maximum of 10 lots or one lot per five acres, whichever shall be less. Such lots may also be subdivided under § 125-29S hereof.
B.
Alleys may be permitted, 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. Alleys shall be limited
in length to 800 feet per block.
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 traffic streets
|
8% (10% for up to 250 feet*)
|
|
Collector streets
|
10% (12% for up to 250 feet*)
|
|
Minor streets
|
12% (14% for up to 250 feet*)
|
|
*
|
With approval of Town Highway Superintendent
|
(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.
Vertical and horizontal visibility (measured 3.5 feet eye level to
tail lights 1.5 feet above ground level) shall be no less than the
following:
|
Type of Street or Way
|
Minimum Visibility Distance
(feet)
|
|---|---|
|
Major highways
|
500
|
|
Collector streets
|
300
|
|
Minor streets
|
250
|
|
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
|
60
|
|
Collector streets
|
50
|
|
Minor streets
|
50
|
|
Alleys
|
25 (also maximum of 25)
|
G.
Culs-de-sac shall have a right-of-way with an outside diameter of not less than 100 feet and shall be surfaced to a diameter of not less than 90 feet (see also § 125-22F). A hammerhead alternate design may be utilized with the approval of the Town Highway Superintendent.
H.
The entire width of the travel way 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 road specifications.
I.
Width of pavement.
(1)
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. The following are minimum street pavement widths:
|
Type of Street
|
Minimum Shoulder Width
(feet)
|
Minimum Clearance Beyond Shoulder
(feet)
|
Minimum Pavement Width
(feet)
|
|---|---|---|---|
|
Major streets
|
4
|
2
|
24
|
|
Collector streets
|
3
|
2
|
20
|
|
Minor streets
|
3
|
2
|
18
|
(2)
The Planning Board may modify these standards as may be required
to accommodate sidewalks and bike paths in densely populated areas
or projects where connections to existing sidewalks, bike paths or
trails are practical.
J.
Unless otherwise specified herein, pavement construction shall be
in accordance with specifications and standards contained in the Town
road specifications, except that private roads not intended for dedication
to the Town of Rochester do not require macadam pavement.
(1)
Street shoulders shall be constructed with materials as specified
by the Town road 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 stope 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.
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 plan approved by the Planning
Board and in conformity with the Town road specifications, except
as provided herein. Approval of the Town Highway Superintendent shall
also be required for all road plans, regardless whether they are proposed
for dedication or not. Where such chapter 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.
Two-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 and Ulster County approval.
O.
Street lighting is the responsibility of the applicant to provide,
and the lot owners to maintain and operate. The Planning Board may
determine when and if street lighting is necessary, evaluating need
on the basis of safety considerations and commonly accepted standards
of lighting. Whether or not street lights are initially installed,
the developer shall be responsible for providing utility easements
for future street lighting 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 or County of Ulster
shall be altered or connected onto without first obtaining a permit
from the New York State Department of Transportation or County of
Ulster. 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 Rochester shall be altered or connected
onto without first obtaining a permit from the Town of Rochester Highway
Superintendent.
R.
Driveways.
(1)
Individual driveways serving only one single family each shall not
be subject to street improvement requirements of this chapter or to
Town road specification; however, they shall be subject to the New
York State Fire Code access requirements.
(2)
Shared driveways shall be permitted provided the shared driveway shall be utilized by no more than a total of three single-family residential lots including the lot it has access over and meet the specific standards of § 125-22J hereof, and further provided that the Town of Rochester is given satisfactory evidence, in the from of deed covenants and a road maintenance agreement, that the private status of said road is permanent and that the following construction standards are met:
|
Type of Street or Way
|
Minimum Right-of-Way Width
(feet)
|
|---|---|
|
Minimum right-of-way
|
50
|
|
Minimum pavement width
|
16
|
|
Minimum shoulder width
|
2
|
(3)
Pavement may consist of any all-weather surface satisfactory to the
Town Engineer (if one shall be appointed) and Town Highway Superintendent.
All drainage plans shall also be subject to approval of the Town Engineer
(if one shall be appointed) and Town Highway Superintendent.
S.
Private roads may be permitted pursuant to the following standards:
(1)
The design and location shall be approved by the Town Engineer (if
one shall be appointed) and Town Highway Superintendent.
(2)
They shall meet town road specifications for minor streets except
road surface may consist of any all-weather surface satisfactory to
the Town Engineer (if one shall be appointed) and Town Highway Superintendent.
(3)
They shall meet all provisions of the New York State Uniform Fire
Prevention and Building Code and provide for safe access for emergency
personnel. The Fire District Chief shall be referred the plans to
make recommendations to the Planning Board.
(4)
Should the private road be a dead-end street, a cul-de-sac shall
be required.
(5)
All drainage plans shall also be subject to approval of the Town
Engineer (if one shall be appointed) and Town Highway Superintendent
and/or the New York State DEC. The Planning Board may require a stormwater
maintenance agreement.
(6)
Utility access shall be provided and easements established for the
maintenance of these utilities.
(7)
A road maintenance agreement (RMA) approved by the Town Board, with
advice of the Attorney for the Town, shall be required making clear
that the Town is exempted from all responsibility for the maintenance
of the same. Evidence of satisfactory shared arrangements for ownership
and maintenance of the drive shall also be provided. The Planning
Board may require the creation of a homeowners' association. Plat
notations indicating the RMA shall be included on the final plan.
(8)
Nothing contained herein shall be construed in any way to require
the Town of Rochester to accept dedication of any street. These regulations
are intended, rather, to set standards of construction for private
roads and a proposed dedication of any such streets shall be subject
to the specific dedication requirements of the Town road specifications.
T.
Subdivisions, or expansions of subdivision, that result in total
of 25 or more dwelling units shall provide off-street school and transit
bus stopping and parking areas, including areas for student waiting
and parent parking, sufficient to accommodate the needs of the subdivision,
unless the Planning Board shall determine existing facilities suffice
for this purpose. The applicant shall provide an evaluation of such
needs, together with a site plan and proposed design standards to
be applied, for review and approval by the Planning Board. Such area
shall also be used to locate all mailboxes associated with such subdivisions.
Location and design shall be subject to U.S. Postal Service standards,
as well as review and approval by the Planning Board. No individual
on-lot mailboxes shall be permitted in these circumstances. The Planning
Board may require such provisions in the case of smaller subdivisions
upon determining through findings such a need will exist.
