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Town of Pendleton, NY
Niagara County
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Table of Contents
Table of Contents
In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth herein. The said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article I herein.
A. 
Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.
B. 
Conformity with the Comprehensive Plan. Subdivisions shall be in harmony with the Comprehensive Plan.
C. 
Specifications for required improvements. All required improvements shall be constructed or installed to conform to the Town specifications, which may be obtained from the Highway Superintendent or found in this chapter.
D. 
No building permit shall be issued prior to acceptance of a street by the Town Board.
A. 
Width, location and construction. Streets shall be of sufficient width, suitably located and adequately constructed to conform to the Comprehensive Plan 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 so as to compose a convenient system.
B. 
Arrangement. The arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivision 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 Town, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified.
C. 
Minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged.
D. 
Provision for future resubdivision. The Board may require that streets be laid out to provide future development in accordance with the requirements contained in this chapter. Such streets shall be paved.
E. 
Dead-end streets. The creation of dead-end or loop residential streets will be encouraged 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 two-foot-wide easement to provide for continuation of pedestrian traffic and utilities to the next street. Subdivisions containing 20 lots or more may be required to have at least two street connections with existing public streets shown on the construction plan prior to preliminary plat approval.
F. 
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.
G. 
Intersections with collector or major arterial roads. Minor or secondary street openings into such roads shall, in general, be at least 500 feet apart.
H. 
Street jogs. Street jogs with center-line offsets of less than 125 feet shall be avoided.
I. 
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.
J. 
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 so as 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.
K. 
Culs-de-sac.
(1) 
Culs-de-sac should be discouraged as they have proven to be a burden to the Town taxpayer as the maintenance of the Town property (street area) is far above the normal, snow removal is much more costly and extra consideration must be given to the entering and exiting of fire equipment, school buses and other large vehicles.
(2) 
A cul-de-sac shall not be approved when the Planning Board and the Town Engineer consider an alternative feasible.
(3) 
If it is determined that a subdivision cannot be practically designed without use of a cul-de-sac, cul-de-sac design standards will be determined by the Planning Board on an individual basis.
A. 
Widths of rights-of-way and pavements. The minimum right-of-way width shall be 90 feet (110 feet for a proposed island in the center of the pavement) where proposed collectors intersect with existing streets. This width shall extend along the proposed collector at least 250 feet from the edge of the right-of-way on the existing street. Afterwards the minimum right-of-way width shall be 60 feet. The center line of the paved area shall be aligned with the center line of the right-of-way, as close as deemed necessary by the Planning Board.
B. 
Improvements.
(1) 
Streets shall be graded and improved with pavements, curbs and gutters, sidewalks, storm drainage facilities, water mains, sewers, streetlights, signs and fire hydrants, except that 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 Highway Superintendent. Such grading and improvements shall conform to any stormwater pollution prevention plan submitted pursuant to the provisions of this chapter and shall be approved as to design and specifications by the Highway Superintendent.
(2) 
Fire hydrants. Installation of fire hydrants shall be in conformity with all requirements of standing 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 and located approximately 500 feet apart on any newly dedicated or private street. In addition, a fire hydrant must also be located in any newly dedicated or private cul-de-sac or dead-end street.
C. 
Utilities in streets. The Planning Board shall, wherever possible, require that underground utilities be placed in the indirect right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention. Utilities shall include natural gas, electricity, water lines, public sanitary sewers, public drainage and stormwater sewers, and telephone and cable lines. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities prior to dedication of the road to the Town.
[Amended 2-23-2015]
D. 
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 15 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 when required.
E. 
Grades. Grades of all streets shall conform in general to the terrain and shall not be less that 1/2 nor more than 6% for major or collector streets or 10% for minor streets in residential zones, but in no case more than 3% within 50 feet of any intersection.
F. 
Changes in grade. All changes in grade exceeding 1% in algebraic difference shall be connected by vertical curves of such length and radius as meet with the approval of the Highway Superintendent so that clear visibility shall be provided for a safe distance.
G. 
Curve radii at street intersections. All street right-of-way lines at intersections shall be rounded by curves of at least 40 feet radius, and curbs shall be adjusted accordingly.
H. 
Steep grades and curves; visibility at 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) 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, the ground shall be excavated to achieve visibility.
I. 
Dead-end streets. 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 shall be paved.
J. 
Watercourses.
(1) 
Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Highway Superintendent.
(2) 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, these shall be provided a stormwater easement or drainage right-of-way as required by the Highway Superintendent, and in no case be less than 20 feet in width.
K. 
Curve radii. In general, streetlines 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 street shall not be less than 400 feet on major streets, 200 feet on collector streets and 100 feet on minor streets.
A. 
Type of name. All street names shown on a preliminary plat or final subdivision plat shall be approved by the Planning Board. In general, streets shall have names and not numbers or letters.
B. 
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.
A. 
Lots to be buildable. The lot arrangement shall be such that, in constructing a building in compliance with Chapter 247, Zoning, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
B. 
Side lines. All side lines of lots shall usually be at right angles to straight streetlines and radial to curved streetlines, unless a variance from this rule will give a better street or lot plan.
C. 
Corner lots. In general, comer lots should be 10 feet wider than interior lots to provide for proper building setback from each street and provide a desirable building site.
D. 
Driveway access. Driveway grades between the street and the setback line shall not exceed 10%.
E. 
Access from private streets. Access from private streets shall be deemed acceptable only if such streets are designed and improved in accordance with this chapter for minimum pavement construction.
A. 
Spring or 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 previous to or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible or in perpetual unobstructed easements of appropriate width.
B. 
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 Highway Superintendent, with concurrence of the Town Engineer, shall approve the design and size of the facility based on anticipated runoff from a twenty-five-year storm under conditions of total potential development permitted by Chapter 247, Zoning, in the watershed.
C. 
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, in such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of said condition.
D. 
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.
E. 
Individual lot grading. The subdivider shall provide for proper grading of individual lots which will divert water away from buildings, prevent any standing water and soil saturation which are detrimental to structures and lot use, provide for disposal of water from the lot, preserve desirable site features, reduce stormwater runoff rates and volumes, erosion, and nonpoint source pollution and provide grades for safe and convenient access to and around buildings and lots. Individual lot grading shall conform to any stormwater pollution prevention plan submitted pursuant to the provisions of this chapter.
F. 
Removal of excess (overburden) stone, gravel, sand or topsoil from the area of a major subdivision must be in accordance with plans approved by the Town Planning Board and permit issued by the Code Enforcement Officer/Building Inspector.
A. 
Parks and playgrounds. The Planning Board may require the dedication or reservation of an area or areas for a park or parks, playground, open space or other recreational use. This area or areas shall be not less than 10% of the total subdivision area and shall be of a character, extent and location suitable to the needs created by such developments.
B. 
Waiver of reservation of areas.
(1) 
In cases where the Planning Board finds that, due to the size, topography or location of the subdivision, land for park, playground or other recreation purposes cannot be properly located therein or if in the opinion of the Board it is not desirable, the Planning Board may waive the requirements that the plat show land for such purposes. The Board shall then require payment of a fee, as set by the Town Board, per subdivision lot in lieu of the dedication or reservation of areas or sites for the above uses.
(2) 
Such fee shall be paid to the Town at or before the time when the fee for the public improvement permit per Chapter 200 (§ 200-4) of the Town Code is paid. The developer is required to pay at least for the number of lots to be constructed during that phase of the major subdivision. The Town Board may also allow the developer to pay the fee for any or all additional lots on the final plat for that subdivision at the same time. All such fees shall be placed in a reserve account for the acquisition or development of permanent parks or playgrounds available to the residents of the subdivision concerned and may become a part of any fund for general recreation purposes, but shall not become part of the general fund of the Town.
C. 
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.
D. 
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, historic spots, vistas and similar irreplaceable assets.