In considering applications for the subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article V herein.
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. Land which the Planning
Board finds to be unsuitable for subdivision or development due to
flooding, improper drainage, steep slopes, shallow depth to bedrock,
utility easements, or other features which will reasonably be harmful
to the safety, health or general welfare of the present or future
inhabitants of the subdivision and/or its surrounding areas, shall
not be subdivided or developed unless adequate methods are formulated
by the subdivider, and approved by the Planning Board, to remediate
the harmful conditions imposed by the unsuitable land conditions.
Conformity to official map and comprehensive plan. Subdivisions shall
conform to the Official Map of the Town and shall be in harmony with
the Comprehensive Plan, if such exists.
Specifications for required improvements. All required improvements
shall be constructed or installed to conform to the Town specifications,
which may be obtained from the Town Engineer.
Width, location and construction. Streets shall be of sufficient
width, suitably located and adequately constructed to conform to the
Comprehensive Plan and Official Maps of the Town and county, if such
exist, and to accommodate the prospective traffic and afford access
for firefighting, snow removal and other road maintenance equipment.
The arrangement of streets shall be such as to cause no undue hardship
to adjoining properties and shall be coordinated as to compose a convenient
system.
Arrangement. The arrangement of streets in the subdivision shall
provide for the continuation of principal streets of adjoining subdivisions
and for proper projection of principal streets into adjoining properties
which are not yet subdivided, in order to make possible necessary
fire protection, movement of traffic and the construction or extension,
presently or when later required, of needed utilities and public services
such as sewers, water and drainage facilities. Where, in the opinion
of the Planning Board, topographic or other conditions make such continuance
undesirable or impracticable, the above conditions may be modified.
Special treatment along major arterial streets. When a subdivision
abuts or contains an existing or proposed major arterial street, the
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.
Provision for future resubdivision. 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.
Regarding conservation subdivision in rural areas, the number of future
lots created shall be determined from the size of the parent parcel
as existing, and from the density of the Town of Waterford Zoning
Law.[1]
Dead-end streets. The creation of dead-end or loop residential streets
will be encouraged only wherever the Board finds that such type of
development will not interfere with normal traffic circulation in
the area. In the case of dead-end streets, where needed or desirable,
the Board may require the reservation of a twenty-foot-wide easement
to provide for continuation of pedestrian traffic and utilities to
the next street. Subdivisions containing 20 lots or more shall have
at least two street connections with existing public streets or streets
shown on the Official Map, if such exists, or streets on an approved
subdivision plat for which a bond has been filed.
Block size. Blocks, generally, shall not be less than 400 feet nor
more than 1,200 feet in length. In general, no block width shall be
less than twice the normal lot depth. In blocks exceeding 800 feet
in length, the Planning Board may require the reservation of a twenty-foot-wide
easement through the block to provide for the crossing of underground
utilities and pedestrian traffic where needed or desirable and may
further specify, at its discretion, that a four-foot-wide paved footpath
be included.
Intersections with collector or major arterial roads. Minor or secondary
street openings into such roads shall, in general, be at least 500
feet apart.
Angle of intersection. In general, all streets shall join each other
so that, for a distance of at least 100 feet, the street is approximately
at right angles to the street it joins.
Relation to topography. The street plan of a proposed subdivision
shall bear a logical relationship to the topography of the property,
and all streets shall be arranged to obtain as many of the building
sites as possible at or above the grade of the streets. Grades of
streets shall conform as closely as possible to the original topography.
Other required streets and street improvements. Where 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.
The Planning Board may require the installation by subdivider of
fencing, vegetated berm, or other suitable barricade for the protection
of residents in the general vicinity. All such fences or barriers
shall be designed to provide adequate safety but also to ensure that
it is of appropriate style and design to be consistent with the neighborhood
and character of the land. The Planning Board may also require other
street improvements to promote complete streets that incorporate all
modes of transportation, including walking, biking, and public transportation.
Reserve strips. Reserve strips controlling access to streets, water
or sewage treatment plants or to other land dedicated or to be dedicated
to public use shall be prohibited except where their control is definitely
placed in the Town under conditions approved by the Planning Board.
Reverse curves. A tangent shall be introduced between reverse curves
and shall be of at least 100 feet in length on minor and collector
streets and of such length as may be deemed necessary by the Planning
Board for arterial streets.
Curve radii. When continuing lines of collector streets deflect from
each other at any one point by more than 10°, they shall be connected
by a curve with a radius at the inner street right-of-way line of
not less than 350 feet; where continuing street lines of arterial
streets deflect from each other by more than 5°, they shall be
connected by a curve of not less than 800 feet in radius.
Widths of rights-of-way. Streets of each type shall have the minimum
widths for rights-of-way and pavement prescribed by current Town highway
specifications, but in no case shall have less than the following:
Improvements. Streets shall be graded and improved in accordance
with Town highway specifications and with curbs and gutters, sidewalks,
storm drainage facilities, water mains, sewers, streetlights and signs,
street trees and fire hydrants, except where waivers may be requested,
and the Planning Board may waive, subject to appropriate conditions,
such improvements as it considers may be omitted without jeopardy
to the public health, safety and general welfare. Pedestrian easements
shall be improved as required by the Town Engineer. Such grading and
improvements shall be approved as to design and specifications by
the Town Engineer.
Fire hydrants. Installation of fire hydrants shall be in conformity
with all requirements of standard thread and nut as specified by the
New York Fire Insurance Rating Organization and the Division of Fire
Safety of the State of New York. The Planning Board may require the
provision of a supply of water for firefighting purposes consisting
of dry hydrants and a water source. This supply may be provided through
fire hydrants connected to a community water supply system or by means
of fire ponds. The design, location and capacity of fire ponds and
hydrants shall conform to standards and specifications of the National
Fire Protection Association and be acceptable to the Chief of the
fire department in whose district the subdivision is located. Hydrants
shall be of size, type and location specified by the Insurance Services
Organization.
Streetlighting facilities. Lighting facilities shall be in conformance
with the lighting system of the Town. Such lighting standards and
fixtures shall be installed after approval by the appropriate power
company and the authorized Inspector.
Utilities in streets. The Planning Board shall, wherever possible,
require that underground utilities be placed in the street right-of-way
between the paved roadway and street line to simplify location and
repair of lines when they require attention. The subdivider shall
install underground service connections to the property line of each
lot within the subdivision for such required utilities before the
street is paved.
Utility easements. Where topography is such as to make impractical
the inclusion of utilities within the street rights-of-way, perpetual
unobstructed easements at least 20 feet in width shall be otherwise
provided with satisfactory access to the street. Wherever possible,
easements shall be continuous from block to block and shall present
as few irregularities as possible. Such easements shall be cleared
and graded where required.
Grades. Grades of all streets shall conform, in general, to the terrain
and shall not be less than 1/2% nor more than 6% for major or collector
streets or 8% for minor streets in residential zones, but in no case
more than 3% within 50 feet of any intersection.
Changes in grade. All changes in grade shall be connected by vertical
curves of such length and radius as meet with the approval of the
Town Engineer so that clear visibility shall be provided for a safe
distance.
Curve radii at street intersections. All street right-of-way lines
at intersections shall be rounded by curves of at least 20 feet in
radius, and curbs shall be adjusted accordingly.
Steep grades and curves; visibility of intersections. A combination
of steep grades and curves shall be avoided. In order to provide visibility
for traffic safety, that portion of any corner lot (whether at an
intersection entirely within the subdivision or of a new street with
an existing street) which is shown shaded on Sketch A shall be cleared
of all growth (except isolated trees) and obstructions above the level
three feet higher than the center line of the street. If directed,
ground shall be excavated to achieve visibility. No obstructions to
vision, such as shrubbery, brush, trees, earth or structure, shall
be permitted at road intersections within the triangle formed by the
intersections of road center lines and a line drawn between points
along such lines 20 feet distance from their point of intersection.
Dead-end streets (culs-de-sac). Where dead-end streets are designed
to be so permanently, they should, in general, not exceed 500 feet
in length and shall terminate in a circular turnaround having a minimum
right-of-way radius of 60 feet and pavement radius of 50 feet. At
the end of temporary dead-end streets, a temporary turnaround with
a pavement radius of 50 feet shall be provided, unless the Planning
Board approves an alternate arrangement.
Where a watercourse separates a proposed street from abutting
property, provisions shall be made for access to all lots by means
of culverts or other structures of design approved by the Town Engineer.
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a stormwater easement or
drainage right-of-way as required by the Town Engineer, and in no
case less than 20 feet in width.
Curve radii. In general, street lines within a block deflecting from
each other at any one point by more than 10° shall be connected
with a curve the radius of which, for the center line of the street,
shall not be less than 400 feet on major streets, 200 feet on collector
streets and 100 feet on minor streets.
Service streets or loading space in commercial developments. Paved
rear service streets of not less than 20 feet in width or, in lieu
thereof, adequate off-street loading space, suitability surfaced,
shall be provided in connection with lots designed for commercial
use.
Free flow of vehicular traffic abutting commercial developments.
In front of areas zoned and designed for commercial use, or where
a change of zoning to a zone which permits commercial use is contemplated,
the street width shall be increased by such amount on each side as
may be deemed necessary by the Planning Board to assure the free flow
of through traffic without interference by parked or parking vehicles
and to provide adequate and safe parking space for such commercial
or business district.
Type of name. All street names shown on a preliminary plat or subdivision
plat shall be approved by the Planning Board and the Saratoga County
Office of Emergency Services. In general, streets shall have names
and not numbers or letters.
Names to be substantially different. Proposed street names shall
be substantially different so as not to be confused in sound or spelling
with present names, except that streets that join or are in alignment
with streets of an abutting or neighboring property shall bear the
same name. Generally, no street should change direction by more than
90° without a change in street name.
The cost of street name and traffic signs in future developments
shall be the responsibility of the developer, and, further, for public
convenience and safety, the developer shall be required to install
the street name and traffic signs before any building permits shall
be issued for that development.
Lots to be buildable. The lot arrangement shall be such that, in
constructing a building in compliance with the Zoning Ordinance,[1] 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. Lot dimensions and lot area shall conform to
the standards and regulations set forth in the Town Zoning Law, unless
a variance has been granted by the Zoning Board of Appeals. Where
variances have been granted, the subdivision plan shall include notes
stating the date any variance was approved and a description of said
variance. Flag lots shall not be permitted.
Side lines. All side lines of lots shall be at right angles to straight
street lines and radial to curved street lines, unless a variance
from this rule will give a better street or lot plan or unless part
of a conservation subdivision layout.
Corner lots. In general, corner lots shall be larger than interior
lots to provide for proper building setback from each street and provide
a desirable building site.
Driveway access. Driveway access and grades shall conform to specifications
of the Town Driveway Ordinance, if one exists. Driveway grades between
the street and the setback line shall not exceed an average maximum
slope of 8% measured from the street pavement edge to the top of the
driveway, which is usually the garage if one exists, or the endpoint
of the driveway if no garage exists.
Access from private streets. Access from private streets shall be
deemed acceptable only if such streets are designed and improved in
accordance with these regulations.
Monuments and lot corner markers. Permanent monuments meeting specifications
approved by the Town Engineer as to size, type and installation shall
be set at such block corners, angle points, points of curves in streets
and other points as the Town Engineer may require, and their locations
shall be shown on the subdivision plat. Monuments shall be located
in sufficient number to control the subdivision but at minimum they
shall be located at every point of tangency, point of curvature, point
of deflection, and all intermediate points necessary to provide visibility
between adjacent monuments along one right-of-way line of each street.
All easements shall be similarly monumented. Iron pipes shall be located
at all lot corners and shall be located by reference to monuments.
Bench marks shall be set and marked with USGS elevation unless an
assumed datum is allowed by the Board. One bench mark shall be required
for every 25 acres developed. Monuments and bench marks shall be carried
from existing monuments or bench marks and their origin noted on the
subdivision plat. Suitable primary control points shall be shown on
the plat and all other dimensions, bearings, angles and similar data
shall be referred to them.
Removal of spring and surface water. 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 before or as a result of the subdivision. Such drainage facilities shall be in the street right-of-way where feasible or in perpetual unobstructed easements of appropriate width. Further, such drainage facilities shall be consistent with any required stormwater pollution prevention plan pursuant to § A166-18F and any stormwater management agreements the subdivider maintains with the Town of Waterford.
Street drainage. Street drainage ditch grades shall not be less than
1%. Drainage structures and adequate ditches shall be provided by
the owner to prevent ponding or damage to public or private property.
Drainage structure to accommodate potential development upstream.
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. The Town Engineer
shall approve the design and size of facility based on anticipated
runoff from a ten-year storm under conditions of total potential development
permitted by the Zoning Ordinance[1] in the watershed.
Responsibility for drainage downstream. 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.
Land subject to flooding. Land subject to flooding or land deemed by the Planning Board to be 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, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or improved in a manner satisfactory to the Planning Board to remedy said hazardous conditions. Proposed subdivisions must conform with Town Law Chapter 91, Flood Damage Prevention.
The Planning Board shall not approve any plan which does not include adequate provision to manage post-construction stormwater runoff. Stormwater management facilities, where required, shall be approved by the Planning Board. All stormwater drainage shall be designed in accordance with the New York State Stormwater Management Design Manual, latest edition, including any standards required by NYS DEC under the general permit for stormwater discharges from construction activities. In particular, green infrastructure practices detailed in Chapter 5 of the New York State Stormwater Management Design Manual shall be incorporated into the subdivision design and layout to the maximum extent practical.
In addition, all stormwater management facilities shall be regulated and designed in accordance with Town Law Chapter 142, Stormwater Management and Erosion and Sediment Control, and the Town of Waterford Zoning Law, Article XI.[2] Nothing herein shall limit the Planning Board from requiring
drainage improvements to be installed in a subdivision which may disturb
less than one acre, and where the Board determines that said improvement
is necessary to mitigate potential drainage impacts. The Planning
Board shall have the option to also require that the proposed stormwater
system shall collect and manage not only the increase in peak rate
of runoff but also any increase in the total volume of runoff.
Grading. Lots shall be graded so that runoff from roofs, drives and
other impervious surfaces flows toward a street except that such runoff
may flow to the rear where a watercourse abuts the rear of a lot.
If it is not practicable to direct runoff to the street, a grading
plan for the area may be required by the Planning Board. Such grading
plan shall show that grading is designed to prevent ponding and to
direct water away from all buildings. Lots having driveways sloping
away from streets shall have driveways graded to provide a high-point
at or near the ROW. It is intended that this high point prevent street
runoff from entering the lot.
Snow storage. Snow storage areas shall be constructed to minimize
threats to groundwater quality. Where the recharge areas for wells
are downhill of snow storage areas, the snow storage areas shall be
impervious and drain to controlled stormwater outlets.
General requirements. Where a subdivision is traversed by a
watercourse, drainageway, channel, or stream, the Planning Board may
require that an easement or right-of-way be established conforming
substantially to the lines of the watercourse, and of such width and
construction or both as will be adequate for the purpose of obtaining
access and maintaining same. Watercourses should be maintained in
a natural state wherever possible, unless improvements are necessitated
to protect the health, safety and welfare of residents from flooding.
Where topography or other conditions are such as to make impractical
the inclusion of drainage facilities within road rights-of-way, perpetual
unobstructed easements at least 20 feet in width for such drainage
facilities shall be provided across property outside the road lines
and with satisfactory access to the road. Easements shall be indicated
on the plan. Such easements shall be centered on rear or side lot
lines to the maximum extent practicable. Drainage easements shall
be carried from the road to a natural watercourse or to other drainage
facilities.
When a proposed drainage system will carry water across private
land outside the subdivision, appropriate drainage easements must
be secured and indicated on the plan.
The subdivider shall dedicate in fee or restrict by drainage
easement land on both sides of existing watercourses, to a distance
to be determined by the Planning Board.
Stormwater management facilities not within a dedicated right
of way shall be within an easement area, the boundary of which shall
be a minimum of 10 feet outside of the facility grading limits, and
which shall include within the easement a maintenance access with
a minimum twenty-foot width from a public or private road. The stormwater
management facility discharge shall also be within the easement, and
the easement shall extend to the edge of the receiving water course,
water body or wetland.
The Planning Board may recommend to the Town Board that a drainage
district be created to own and/or maintain stormwater management facilities.
The Planning Board may conditionally approve a subdivision plan on
the formation of a drainage district, where the Town Board has agreed
to establish such a district. Establishment of a drainage easement
in no manner creates an obligation on the part of the Town to accept
or maintain the easement. In the alternative, the Planning Board may
require, as a condition of approval, that a homeowners' association
be established to maintain said facilities.
Recreation areas shown on Town Plan. Where a proposed park, playground or open space shown on the Town Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the Town by the subdivider if the Town Board approves such dedication.
The Planning Board shall require that the plat show sites of
a character, extent and location suitable for the development of a
park, playground or other recreation purpose. The Planning Board may
require that the developer satisfactorily grade any such recreation
areas shown on the plat.
The Board shall require that not less than three acres of recreation
space be provided per 100 dwelling units shown on the plat. However,
in no case shall the amount be less than 5% nor more than 10% of the
total area of the subdivision. Such areas shall be dedicated to the
Town by the subdivider on approval by the Town Board. Appropriate
legal measures should be taken to assure that such land can never
be developed for other than recreational purposes.
The owner shall offer to the Town usable land. This land shall
be used by the Town for parks, playgrounds or other specific public
recreational uses as deemed desirable by the Town when deemed desirable
by the Town.
However, if the Planning Board should consider that the required
portion of the total area would not be useful for a public purpose
or if the dedication of land within the subdivision would not conform
to the Comprehensive Plan or Official Map, the owner shall pay to
the Town an amount equal to 150% of the application fee required for
the subdivision. This payment shall not be used by the Town for any
purpose other than the purchase of land to be used for public recreational
uses serving the neighborhood as indicated above.
The Planning Board shall require that more than 5% of the subdivider's
tract be offered to the Town if such is required to comply with the
Comprehensive Plan or Official Map. In this case, the owner shall
be reimbursed at fair market value, determined at the time of final
submission with the Planning Board, for land taken in excess of the
minimum normally required.
Unique and scenic areas and those areas bordering streams, lakes
or other watercourses, wetlands and green space may be given special
consideration by the Planning Board should they be desirable for public
open spaces. Where such sites and open spaces are not shown on the
Comprehensive Plan and where deemed essential by the Planning Board
upon consideration of the particular type of development proposed
in the subdivision and especially in large-scale neighborhood unit
developments, the Planning Board may recommend that the Town Board
require the offering or reservation of areas in excess of the minimum.
Under such conditions, a money payment, at a fair market value determined
at the time of the application for approval of the final subdivision
plat is made to the Planning Board, shall be made to the owner to
compensate his loss in excess of the minimum contribution.
The determination of the value of the land upon which money
payments shall be based shall be made by a board of three, consisting
of a representative of the Town, a representative of the owner and
a third person acceptable to the other two parties. All costs involved
shall be borne equally by the Town and the owner.
Reserve strips prohibited. Reserve strips of land which might be
used to control access from the proposed subdivision to any neighboring
property or to any land within the subdivision itself shall be prohibited.
Preservation of natural features. The Planning Board shall, wherever
possible, establish the preservation of all natural features which
add value to residential developments and to the community, such as
large trees or groves, watercourses and falls, beaches, historic spots,
vistas and a similar irreplaceable assets. No tree with a diameter
of eight inches or more, as measured three feet above the base of
the trunk, shall be removed unless such tree is within the right-of-way
of a street as shown on the final subdivision plat. Removal of additional
trees shall be subject to the approval of the Planning Board. In no
case, however, shall a tree with a diameter of eight inches or more,
as measured three feet above the base of the trunk, be removed without
prior approval by the Planning Board. The provisions of this section
concerning tree removal requiring prior Planning Board approval are
hereby waived as to property transferees following subdivision approval.
The subdivision shall be designed to cause the least practicable
disturbance to natural infiltration and percolation of precipitation
to the groundwater table through careful planning of vegetation and
land disturbance activities;
The Planning Board shall assess potential impacts of a major
subdivision on groundwater supplies to neighboring properties. The
Planning Board may require a groundwater study to consider the location,
yield and quality of wells, if deemed necessary;
Subdividers of major subdivisions shall evaluate existing biodiversity
of flora and fauna to determine the extent to which ecological habitat
should be conserved;
It shall be the responsibility of the subdivider, where required,
to provide water lines, storm drains, sanitary sewers, bridges and
street pavement to the limits of the subdivision. It shall also be
the responsibility of the subdivider to provide appropriate streetlighting
at the intersection of proposed street with an existing arterial street.
These facilities shall be constructed as required for inclusion in
future Town systems. Each subdivider shall be responsible for the
complete construction even though larger than normal sizes may be
required.
If individual lot water supply and sanitary waste disposal are
proposed, it shall be the responsibility of the subdivider to provide
dry water lines and sanitary sewers to the limits of the subdivision
where required by the Board for the purpose of serving the subdivision
when these services become available. The facilities shall be constructed
as required for inclusion in existing or future Town systems.
If it will be necessary to construct utilities within the right-of-way
of an existing Town road, it will be the responsibility of the subdivider
to apply for a permit for construction of utilities from the Town
Highway Department. It shall be the responsibility of the subdivider,
following approval of the application, to comply with all conditions
and restrictions set forth in the permit.
The Planning Board, prior to approving any subdivision, shall make a determination that such action is consistent with the Town of Waterford LWRP policy standards and conditions pursuant to Chapter 159 of the Town of Waterford Code.