Town of Tusten, NY
Sullivan County
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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 the Town of Tusten. 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.
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, the plans show adequate safeguards correcting the hazards, or such hazard area or other limitation is limited to a portion of a lot, and the remainder of the lot remains a buildable lot, as defined herein.
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 land-locked 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. Where a subdivision of land is on a site that contains slopes of more than 15% and the extent of such slopes may compromise the purposes of these regulations, the Planning Board may require larger lot sizes than the minimum standards set forth in the Town of Tusten Zoning Law.[1]
[1]
Editor's Note: See Ch. 300, Zoning.
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.
A. 
Blocks shall ordinarily not exceed 1,200 feet in length.
B. 
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 six feet and be all-weather-surfaced for not less than three feet in width.
C. 
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 unsubdivided area.
D. 
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 dictates 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 limiting points of access. Input and access requirements from the agency which controls access to the major highway shall also be sought by the Planning Board for any proposed access to the highway.
E. 
Cul-de-sac streets, permanently designed as such, shall not exceed 1,500 feet in length and shall furnish access to not more than nine dwelling units. Cul-de-sac streets shall have, at the closed end, a turnaround with the right-of-way having an outside diameter of 120 feet. The cul-de-sac shall have an inside landscaped area of not more than 60 feet in diameter. Drainage of culs-de-sac shall preferably be toward the open end.
F. 
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.
G. 
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.
H. 
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.
I. 
All lots shall front on a public or private street (existing or proposed), and the right-of-way of the principal access to any subdivision shall be a minimum of 60 feet in width. All private streets must be built to Town specifications.
J. 
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.
A. 
Before the Planning Board may approve a subdivision plat containing residential units, such subdivision plat shall also show, when required by such Board, a park or parks suitably located for playground or other recreational purposes.
B. 
Land for park, playground or other recreational purposes shall not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such finding shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town, including projected population growth to which the particular subdivision plat will contribute.
C. 
Criteria for land reservation. In determining whether or not to require the reservation of land for public park, playground or recreational purposes, the Planning Board shall consider the following factors in guiding the determination:
(1) 
Whether suitable land exists within the proposed subdivision in terms of its size, shape, and dimensions to reasonably accommodate a public park, playground or other recreation use;
(2) 
Whether the characteristics of the land in terms of topography, soils, vegetative cover, hydrology and/or other natural features readily lend themselves to development of the site for active recreation use;
(3) 
Whether the site, in terms of its physical characteristics, would provide an attractive and safe area for recreational use;
(4) 
Whether the site is located such that reasonable and safe pedestrian, bicycle and vehicular access can be provided between the site and surrounding residential areas;
(5) 
Whether the character of the proposed subdivision and that of the surrounding area are compatible with a public park and/or recreational use;
(6) 
Whether the anticipated population of the proposed subdivision, together with the population density of surrounding neighborhoods, is sufficient to justify development and long-term maintenance of a public park, playground or other recreation facility at the location;
(7) 
Whether the site is located near or duplicates recreation facilities already provided in the area, particularly those providing the same type of recreation opportunities, including facilities located on public school grounds;
(8) 
Whether reservation of the land is consistent with recommendations contained in the Comprehensive Plan or any other plan or policy of the Town that references parks, recreation, or open space.
D. 
Size and location. Areas for parks shall be of reasonable size for neighborhood playgrounds or other recreational uses and, in general, shall occupy not less than 10% of the area of the subdivision and be at least one acre in size. The Planning Board may require the location of such areas along the boundary of a subdivision so that additional land may be added at such time as the adjacent property is subdivided. Reserved parkland shall have adequate road access for the particular purposes envisioned by the Planning Board. The area shall be shown and marked on the final plat "Reserved for Park and/or Playground Purposes."
E. 
Ownership. The ownership of reservations for park purposes shall be clearly indicated on the plat and established in a manner satisfactory to the Planning Board and Town Attorney so as to assure their proper future continuation and maintenance.
F. 
Cash in lieu of parkland. In the event the Planning Board makes a finding pursuant to procedures and requirements of this section that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof in an amount to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property. Fees in lieu of parkland in subdivisions pursuant to this section must be paid prior to any final approval.
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 New York State Department of Health and the local fire district(s). Suitable agreements shall also be established for the ownership and maintenance of such distribution system.
C. 
The applicant must demonstrate the ability to provide a minimum of 100 gallons of water per capita per day (GPCD) and/or 400 gallons per day (GPD) for each residential dwelling unit to be serviced. Service to industrial or commercial establishments shall meet standards established by the American Water Works Association or insurance industry underwriting standards.
D. 
New central water supply wells shall be sited, drilled, and tested under the direct supervision of a professional engineer or a professional groundwater geologist. Wells shall be so located that no potential pollution sources can exist within a one-hundred-foot radius (200 feet if located downslope from the pollution source). Wells shall also be located on reserved parcels and clearly marked on the plat.
A. 
All residential lots shall contain suitable areas for on-site sewage disposal systems. 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 plats and design standards shall meet DEC requirements. Formal approval of the DEC shall be required prior to final plat approval.
B. 
On-site systems shall be provided in accordance with criteria set forth by the New York 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.
C. 
Sanitary sewers shall not be used to carry stormwater.
In the event that any subdivider shall intend to make land changes by grading, filling, excavating or the removal or destruction 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 watercourses or impoundments. Erosion control measures may include hay bales, silt fences or other provisions or combinations thereof.
A. 
A stormwater drainage plan shall be required for major subdivisions. Such a plan shall be prepared using DEC guidelines and standards as set forth in the New York State Stormwater Management Design Manual and complying with the following standards. Where such standards conflict, the higher standard shall apply.
B. 
Stormwater drainage facilities shall be designed to accommodate storms of a twenty-five-year frequency unless a more stringent standard shall be required by the Planning Board. The general performance standard shall be that the amount of uncontrolled stormwater leaving the site along any property line after development shall not exceed that estimated for the site prior to development. In instances where stormwater facilities are impractical for engineering reasons, the Town may modify this standard as it applies to a particular project but shall provide for the maximum practical reduction in flow which can be achieved under the circumstances. The subdivider shall provide full information, prepared by a professional engineer, regarding the pre-development stormwater flows and estimates at the time of application.
C. 
The following additional requirements shall apply:
(1) 
Lots shall be laid out and graded to prevent cross-lot drainage away from proposed building areas. Natural drainage courses shall be maintained.
(2) 
The existing points of natural drainage discharge onto adjacent property shall not be altered, nor shall the rate of water runoff be increased because of development, without the written approval of all affected adjacent landowners.
(3) 
No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems, or create flooding or the need for additional drainage structures on other private properties or public lands, without complete approval of provisions being made by the developer for properly handling such conditions.
(4) 
Stormwater calculations and design shall be prepared by a professional engineer, land surveyor, landscape architect or others certified to perform such work.
(5) 
Storm drainage facilities should be designed to handle the anticipated peak discharge from the property being subdivided.
(6) 
Where a subdivision is traversed by a watercourse, there shall be a buffer zone of at least 25 feet to each side of the stream from that stream bank, or such additional width as will be adequate to preserve the unimpeded flow of natural drainage. Such buffer zone shall be marked as a "no-build" area on the plat.
(7) 
Drainage structures that are located on state highway rights-of-way shall be approved by the New York State Department of Transportation, and evidence of the same shall be provided to the Town prior to final plan approval.
(8) 
All streets shall be so designed as to provide for the discharge of surface water from their rights-of-way. The slope of the crown on proposed streets shall be 1/4 inch per foot away from the center line.
(9) 
All proposed surface drainage structures shall be indicated on the preliminary plan.
(10) 
Drainage plans shall include all appropriate designs, details and dimensions necessary to clearly explain proposed construction materials and elevations.
(11) 
Whenever storm drains are required by the Town, such storm sewer systems shall be separate from the sanitary sewer system. Storm drains or storm sewer facilities may be required in any development situation where the Town Board determines that surface drainage facilities are inadequate to prevent excessive erosion and lot or road maintenance problems.
(12) 
Drainage systems shall be designed in accordance with engineering practice, using hydraulic computations to show effects of the flow of water. The general standard shall be that the amount of stormwater leaving the site along any property line after development shall not exceed pre-development stormwater flows for that area. In no case shall any pipe system of less than 15 inches in diameter be used underneath a street or driveway.
(13) 
Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a drainage easement conforming substantially with the line of such watercourse, drainageway, channel or stream, and of such width (minimum 20 feet) as will be adequate to preserve the unimpeded flow of natural drainage, or for the purpose of widening, deepening, relocating, improving or protecting such drainage facilities.
(14) 
All drainage systems and structures shall be subject to the approval of the Town Engineer, or any such other qualified person as may be appointed for this purpose by the Planning Board.
A. 
The arrangement, character, extent, width, grade and location of all streets shall conform to the provisions found herein. Every lot in an approved subdivision shall have access to a public street or a private street that meets the Town's road specifications.
(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) 
Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the extension of streets.
(5) 
Streets shall be laid out to intersect as nearly as possible at right angles; in any event, no street shall intersect another at less than 60°. 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 shall be installed as may be required. Streets entering opposite sides of another street shall be laid out directly opposite one another or offset a minimum of 125 feet.
(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 shall be provided at all street intersections. Within such triangles, no structure or vision-obstructing object other than utility poles, streetlights, street signs, or traffic signs shall be permitted which obscure vision above the height of 36 inches and below 10 feet measured from the center-line grade of intersecting streets. Such triangles shall be established from a distance of 75 feet from the point of intersection of the center lines.
(8) 
Whenever a bridge (existing, proposed, public, or private) is involved within any subdivision, the Town Engineer or other duly qualified individual shall determine if such bridge is capable of accommodating emergency vehicles, school buses, or other vehicles or equipment that will or may use the bridge to access the site. All specifications, inspection results, or other necessary information for making the determination shall be provided to the Planning Board and shall be the responsibility of the subdivision applicant.
B. 
Profiles: 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
5% (up to 8% for 500 feet)
Collector streets
6% (up to 10% for 500 feet)
Minor streets
12% (up to 15% for 500 feet)
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.
C. 
Cross-section. The cross-section gradients of streets shall be not less than 2%.
D. 
Minimum vertical and horizontal visibility (measured 3.5 feet eye level to tail lights 1.5 feet above ground level), for curves.
Type of Street or Way
Minimum Visibility Distance
(feet)
Major highways
500
Collector streets
300
Minor streets
300
Streets shorter than 500 feet
150
E. 
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
60
Minor streets
50
Alleys
25
Private drives
(See § 241-27Q.)
F. 
All newly constructed dead-end roads shall be culs-de-sac and include a turnabout area with a one-hundred-twenty-foot-diameter right-of-way and a sixty-foot-diameter traveled portion shall be provided.
G. 
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 following:
(1) 
Clearing and grubbing. Clearing and grubbing shall consist of clearing the area of all trees, down timber, snags, brush and other vegetation and shall include grubbing stumps or roots. The area to be cleared and grubbed shall be limited to that area to be covered by the roadway proper, shoulders, side slopes and ditches. All cleared materials shall be removed from the development or buried in a lot unsuitable for a building or otherwise disposed of in a manner approved by the Town Board.
(2) 
Subbase. All rock and boulders larger than six inches in diameter shall be excavated six inches below the finished subgrade of the roadway. All topsoil or otherwise soft or unstable materials shall be removed from within the roadway, shoulders and ditches and shall be replaced with suitable borrow. Fill required to complete the approved grades shall be acceptable to the Town Board.
H. 
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
5
2
24
Collector streets
5
2
20
Minor streets
3
2
18
Private drives
(See § 241-27Q.)
None
(See § 241-27Q.)
I. 
The pavement shall be constructed in accordance with the following:
(1) 
Road section. Cut and fill slopes in earth shall be not less than 1 on 2. Subbase, at least 30 feet in width, shall consist of a bottom course of at least 12 inches of R.O.B. gravel and a top course of at least six inches of well-graded R.O.B. gravel or washed gravel with no particles of material larger than two inches in diameter. The subbase shall be crowned, shaped to a smooth grade and well compacted.
(2) 
Base course. The base course shall be 12 inches thick, 30 feet wide and will consist of either eight inches of shale (shale to be approved by Highway Superintendent) with four inches of processed gravel (two-inch maximum stones) on top or bank-run gravel with maximum stone size of six inches. Upon installation of the base, 5/10 of a gallon of MC 30 road oil per square yard shall be applied. Gravel base with MC 30 coating shall be allowed to settle for at least one year before pavement is put on.
(3) 
Pavement. Pavement shall be two inches thick (compacted), of sufficient width to meet standards provided in this chapter, and consist of one of the following:
(a) 
A penetration pavement consisting of two inches of No. 2 crushed stone coated with at least one gallon per square yard of MC 3000 road oil and blotted with No. 1 crushed stone. Surface is to be coated with 4/10 of a gallon per square yard of MC 3000 road oil and blotted with sufficient No. 1S crushed stone to prevent bleeding.
(b) 
A cold-mix pavement consisting of No. 2 stone mixed with latex MP emulsion at 13 gallons to 20 gallons per ton (amount varies in order to provide coating of different type stones) in an approved motor paver, then blotted with No. 1 stone to fill the voids and sealed with RS-2 emulsion at 4/10 gallon per square yard, No. 1S stone at 12 pounds per square yard.
(c) 
An asphaltic concrete pavement consisting of one two-inch course of dense binder and sealed with RS-2 emulsion at 4/10 gallon per square yard and No. 1S or 1A stone at 12 pounds per square yard.
(4) 
Design and construction of drainage structures.
(a) 
All drainage facilities with waterway area of 25 square feet or less shall be designed to accommodate run off for a storm of five-year frequency.
(b) 
Drainage structures with a waterway area over 25 square feet will be designed by a professional engineer and shall be capable of carrying the runoff from a storm of ten-year frequency.
(c) 
In no event shall the diameter of any sluice pipe be less than 15 inches.
(d) 
Drainage channels shall be designed following generally accepted hydraulic engineering principles. Channels shall be normally of trapezoidal cross-section with side slopes of two feet on one foot.
(e) 
The banks on both sides of drainage facilities and bridges servicing a stream or larger watercourse shall have rip-rapped construction of the banks beyond the head walls. The amount of rip-rap required shall be determined by the Town Highway Superintendent.
J. 
In commercial 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. Curbs shall not be constructed, however, where pavements are less than 22 feet in width.
K. 
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 or Highway Superintendent.
L. 
All streets, including culs-de-sac and alleys, shall be constructed as shown on the preliminary and final plat approved by the Planning Board and in conformity with the Town road specifications. Where such law 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.
M. 
Four-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 approval.
N. 
Streetlighting is the responsibility of the applicant to provide, and the lot owners to maintain and operate. The Town Engineer will determine when and if streetlighting is necessary, evaluating need on the basis of safety considerations and commonly accepted standards of lighting. Whether or not streetlights are initially installed, the developer shall be responsible for providing utility easements for future streetlighting installation, upon consultation with the public service utility company involved.
O. 
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.
P. 
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 shall be altered or connected onto without first obtaining a permit from the New York State Department of Transportation. 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 Tusten shall be altered or connected onto without first obtaining a permit from the Town of Tusten Highway Superintendent.
Q. 
Individual driveways serving only one single family each shall not be subject to street improvement requirements of this chapter or the Town road specifications. In addition, private drives to service no more than three single-family dwellings shall be permitted, provided the Town is given satisfactory evidence, in the form of declaration of restrictive covenants, that the private status of said road is permanent and the following standards are met:
Standard
Specification
(feet)
Minimum right-of-way
25
Minimum pavement width
16
Minimum shoulder width
3
Pavement may consist of any all-weather surface satisfactory to the Town Engineer. If there is a potential for resubdivision of any of the lots to be serviced by private drive such that eventually more than three lots might result, the subdivider shall provide additional right-of-way as necessary to serve the maximum potential number of lots. All drainage plans shall be subject to approval of the Town Engineer. See also § 241-27H.
R. 
Nothing contained herein shall be construed in any way to require the Town of Tusten to accept dedication of any street. These regulations are intended, rather, to set standards of construction for all new streets in connection with land subdivisions and any proposed dedication of such streets shall be subject to the specific dedication requirements of the Town Road Law. Any conflicts in standards of these two sets of regulations shall, in such instances, be resolved in favor of the Road Law specifications.
The Town of Tusten Planning Board is authorized, pursuant to § 278 of the Town Law, to modify applicable provisions of the Town of Tusten Zoning Law[1] and these subdivision regulations so as to accommodate conservation subdivision projects. Conservation subdivisions offer flexibility in design, facilitate the economical provision of streets and utilities and preserve open space. Conservation subdivisions shall be processed pursuant to subdivision plat approval procedures and the provisions of Article VII of the Town of Tusten Zoning Law.
[1]
Editor's Note: See Ch. 300, Zoning.