A.
Subdivision plats and improvements provided shall conform to the Official Map, Chapter 200, Zoning, and the Local Waterfront Revitalization Program (LWRP), where applicable, of the Town of Evans and shall be in harmony with the Town Master Plan.
D.
Subdivisions shall be designed and constructed in
accordance with any stormwater pollution prevention plan approved
by the Town.
[Added 12-19-2007 by L.L. No. 6-2007]
A.
The arrangement, character, extent, width, grade and
location of all streets shall conform to a Master Plan and to an Official
Map, if any, and shall be considered in their relation to other existing
and planned streets, to topographical conditions, to public convenience
and safety and in their appropriate relation to the proposed uses
of land to be served and/or abutted by such streets.
B.
Where not shown in a Master Plan, streets in a subdivision
shall:
(1)
Provide for the continuation or appropriate projection
of existing principal streets in surrounding areas.
(2)
Conform to a plan for the neighborhood approved by
the Planning Board to meet a particular situation where topographical
or other conditions make continuance of or conformance with existing
streets impracticable.
C.
Minor streets shall be so laid out that their use
by through traffic will be discouraged.
D.
Where a subdivision borders or contains a railroad
right-of-way or controlled-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 business, 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.
E.
Where a subdivision abuts on or contains an existing
or proposed arterial street, the Planning Board may require access
streets, reverse frontage with screen planting contained in a nonaccess
reservation along the rear property line, deep lots with or without
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.
F.
Reserve strips controlling access to streets, water
plants 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 Town Board.
G.
Street jogs with center-line offsets of less than
125 feet shall be avoided.
H.
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
I.
Streets shall be laid out so as to intersect as nearly
as possible at right angles, and no street shall intersect any other
street at less than 75°. Any change in street alignment to meet
this requirement shall occur at least 100 feet from the intersection.
The Planning Board may waive this requirement if adequate channelizing
or divisional islands are provided to ensure traffic safety.
J.
Property lines at street intersections shall be rounded
with a radius of 10 feet, or with a greater radius where the Planning
Board may deem it necessary. The Planning Board may permit comparable
cutoffs or chords in place of rounded corners.
K.
Curb radii at intersections shall not be less than
20 feet.
L.
Street right-of-way widths shall be as shown in a
Master Plan and, where not shown thereon, shall be not less than as
follows:
[Amended 5-2-2012 by L.L. No. 1-2012]
|
Street Type
|
Minimum Right-of-Way Width
(feet)
| |
|---|---|---|
|
Arterial street
|
80
| |
|
Collector street
|
60
| |
|
Minor street
|
60
|
M.
Half streets shall be prohibited, except where essential
to the reasonable development of the subdivision in conformity with
the other requirements of this chapter; and where the Board finds
that it will be practicable to require the dedication of the other
half when the adjoining property is subdivided, the other half of
the street shall be platted within such tract.
N.
Dead-end streets, designed to be so permanently, shall,
in general, be not longer than 500 feet and shall be provided at the
closed end with a turnaround having an outside roadway diameter of
at least 100 feet and a street property line diameter of at least
120 feet. Dead-end streets shall be graded to drain to the intersection
or a utility easement provided and approved by the Highway Superintendent
(or other appropriate designated official) for drainage from the closed
end.
O.
Street grades, wherever feasible, shall not exceed
the following, with vertical curves not less than 100 feet in length,
and must meet all sight and stopping distance requirements:
|
Street Type
|
Maximum Percentage of Grade
| |
|---|---|---|
|
Arterial street
|
4
| |
|
Collector street
|
6
| |
|
Minor street
|
8
|
P.
In order to facilitate drainage, no street grade shall
be less than zero and five-tenths percent (0.5%) when possible, but
in no event less than zero and four-tenths percent (0.4%).
Sidewalks, when required, shall be a minimum
width of four feet. Wider walks may be required by the Planning Board
in areas of anticipated heavy use.
A.
Easements across lots or centered on rear or side
lot lines shall be provided for utilities where necessary and shall
be at least 20 feet wide.
B.
Where a subdivision is traversed by a watercourse,
drainageway or channel, there shall be provided a stormwater easement
or drainage right-of-way conforming substantially to the lines of
such watercourse, and such further width or construction, or both,
as will be adequate for the drainage purpose.
A.
Block lengths generally shall not exceed 1,600 feet
nor be less than 400 feet. Block widths shall not be less than 400
feet.
B.
Intersections with arterial streets should be held
to a minimum and preferably spaced at least 1,000 feet apart.
C.
Pedestrian crosswalks or rights-of-way not less than
10 feet wide (for snow removal and maintenance) may be required where
deemed essential to provide circulation or access to schools, playgrounds,
shopping centers, transportation and other community facilities.
A.
The area, width and the minimum building setback lines shall conform to the requirements of Chapter 200, Zoning, and to the following standards:
(1)
Residential lots not served by a public sewer system shall meet the requirements of Chapter 200, Zoning, for usable area. The term "usable area" herein includes the general area of the lot or plot which may be utilized for proposed construction and for normal and reasonable development of the area for the type of occupancy proposed, exclusive of lakes, streams, ponds, swamps, areas of exposed or underlying rock, hardpan or other impervious stratum within four feet of the surface, land with slopes in excess of 15% or marginal areas subject to flooding along streams or other bodies of water, unless specific approval is obtained from the Planning Board and County Health Department.
B.
Land subject to flooding shall not be platted for
residential occupancy nor for such other uses as may increase danger
to life or property or aggravate the flood hazard.
C.
The subdividing of the land shall be such as to provide
each lot with satisfactory access from an existing or proposed public
street.
D.
Double-frontage and reverse-frontage lots should be
avoided except where essential to provide separation of residential
development from traffic arteries or to overcome specific disadvantages
of topography and orientation. A planting screen easement at least
10 feet wide, across which there shall be no right of access, shall
be provided along the line of lots abutting such a traffic artery
or other disadvantageous use.
E.
Side lot lines shall be substantially at right angles
or radial to street lines.
A.
Recreation/greenspace fee.
(1)
All approved major subdivisions in the Town of Evans
shall require a payment of a recreation/greenspace fee. These moneys
shall constitute a trust fund, to be used by the Town of Evans exclusively
for neighborhood park, playground or recreation purposes, including
the acquisition of property or the construction of improvements.
[Amended 12-15-1993 by L.L. No. 13-1993]
(2)
The Planning Board may recommend the dedication of
land to the Town of Evans, in lieu of this fee, if the subdivision
is located in an area where a proposed park, playground or other recreational
or public site is shown on the Master Plan.
(3)
The Town Board has the final decision whether to accept
the recommendation of a land dedication offering or the required recreation/greenspace
fee.
B.
Where the applicable provisions of Chapter 200, Zoning, are modified by the Planning Board to obtain additional open space under § 278 of the New York State Town Law and § 200-58 of the Town Code (cluster development), the following shall apply:
[Amended 5-26-2010 by L.L. No. 1-2010]
(1)
The owner shall have made written application for
the use of this procedure. (This procedure may be followed at the
discretion of the Planning Board if, in said Board's judgment, its
application would benefit the town.)
(2)
The permitted number of dwelling units shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter 200, Zoning, applicable to the district or districts in which the land is situated and conforming to all other applicable requirements.
(3)
Land areas unsuitable for residential construction,
such as wetlands, steep slopes, etc., shall not be considered in determining
the permitted number of dwelling units.
(4)
The recreation/greenspace fee shall still be applicable. Open space, greenspace or recreation areas under the cluster development scenario shall be privately owned unless dedicated to the Town as described in Subsection A above.
(5)
The proposed site plan, including areas within which
structures may be located, the height and spacing of buildings, open
spaces and their landscaping, off-street open and enclosed parking
spaces and streets, driveways and all other physical features as shown
on said plan or otherwise described, accompanied by a statement setting
forth the nature of such modifications, changes or supplementations
of existing zoning provisions as are not shown on said site plan,
shall be subject to review at the public hearing or hearings held
pursuant to §§ 276 and 277 of the Town Law for the
approval of plats.
(6)
On the filing of the plat in the office of the County
Clerk or Register, a copy shall be filed with the Planning Office,
which shall make appropriate notations and references thereto in the
Town Zoning Ordinance or Map.
A.
Road surface.
(1)
The traveled surface width shall be at least 28 feet
(see detail sheet).[1] It shall consist of a granular subbase placed upon a properly
prepared subgrade of the roadbed area, properly graded at an acceptable
slope and crown, after the installation of sewers, and all associated
materials as per plans approved by the town, an aggregate base and
an asphaltic concrete surface. The granular subbase, base, binder
and top course shall be of a thickness and shall be placed as shown
on Illustration No. 1.[2] Geotextile fabrics per Section 207 of New York State Department
of Transportation (NYSDOT) specifications shall be used under the
granular subbase. The granular subbase, base, binder and top course
shall meet the current New York State Department of Transportation
specifications.
[Amended 5-26-2010 by L.L. No. 1-2010]
(2)
Where the proposed subdivision lies entirely along
an existing improved road which is already maintained by a public
agency, road surfacing shall be omitted. All other sections shall
apply as to their effect on an existing road.
B.
Concrete curb and gutter may be required by the town.
The curb and gutter grades shall be shown on the plan.
C.
Concrete sidewalks may be required by the Board and,
if required, shall be on both sides of the street and shall be four
feet wide and not less than four inches thick, except at driveways,
where the thickness shall be six inches. Current state specifications
(NYSDOT Section 608, Sidewalk Construction Specifications) shall apply
and, if inconsistent in any respect, shall supersede the foregoing
in that respect.
D.
Underground utilities.
(2)
No utility line shall be placed under the roadbed,
except for crossings, unless all service lines for each lot are installed
as part of initial utility construction. Water main service lines
shall end with the curb box at the property line. Sanitary sewer laterals
shall end five feet from the curb.
E.
Signs.
(1)
Street name signs and posts shall be provided at all
street intersections in the plat and shall be located where designated
by the Planning Board; letters shall be reflective and of a minimum
of four inches in height.
[Amended 12-15-1993 by L.L. No. 13-1993]
(2)
Traffic control signs and posts shall be provided
where designated by the Planning Board.
[Amended 12-15-1993 by L.L. No. 13-1993]
(3)
The design and installation of all signs and posts
shall meet all applicable state and current Town standards and shall
be in conformance with the Manual of Uniform Traffic Control Devices.
F.
Turnarounds shall be provided as shown in the details.
[Amended 12-19-2007 by L.L. No. 6-2007]
A.
All storm drainage designs shall be prepared by an
engineer licensed in New York State and shall conform to all applicable
laws and regulations of the State of New York.
C.
For any subdivision not subject to regulation under Article XII of Chapter 200, Zoning, the following requirements shall apply:
(1)
Stormwater drainage design methodologies shall be
based on the Erie and Niagara County Stormwater Design Manual, the
NYSDEC Design Standards or methodologies approved by the Town Engineer
and be described in an engineering report submitted with the plans.
(2)
Erosion and sediment control shall be based on the
New York State Manual.
(3)
Stormwater systems shall be designed for a twenty-five-year
storm (except for more restrictive requirements from other permitting
agencies, i.e., County Highway or State Department of Transportation)
with no increase in runoff over the existing flow from the site. Existing
downstream drainage problems must also be taken into consideration.
(4)
All stormwater piping shall be 12 inches in diameter
or larger (smaller sizes when necessary may be approved by the Town
Engineer) and be at a minimum grade to provide a stormwater flow velocity
in the pipe of two feet per second or greater. (Velocities greater
than eight feet per second will require conduit outlet protection.)
(5)
Stormwater catch basins shall be located a maximum
of 400 feet apart and at all low points.
(6)
If subsurface drainage is deemed necessary by the
Planning Board, the subdivider shall provide for the same in a manner
acceptable to the Town Engineer.
(7)
Drainpipes under streets or driveways shall be designed
to withstand New York State highway loadings and be located a minimum
of one foot below the subbase of the road (to top of pipe).
A.
Utility improvements shall be provided in each new
subdivision and be provided by the developer at no cost to the town.
B.
Water and sewer service shall be provided by the developer
in each new subdivision in accordance with the requirements of the
Erie County Health Department. Sanitary sewers shall be provided with
service wyes and lateral extensions for each lot such that the end
of the service lateral extends not less than five feet outside the
edge of the road shoulder or curbline.
C.
Individual systems will be acceptable only when public
service is not available and shall meet all the requirements of the
local Health Department.
[Amended 12-15-1993 by L.L. No. 13-1993]
D.
Electric service shall be required for each subdivision.
E.
Natural gas mains shall be provided unless not available
without undue expense.
F.
Streetlights shall be provided where ordered by the
Planning Board.
G.
All utility plans shall be submitted to the Town Planning
Board for review and preliminary approval prior to submission to county
or state regulatory agencies. Such submittals shall include a general
utility plan showing all utilities. Detailed utility plans with county
or state approvals shall be submitted with the application for final
approval of the subdivision plat.
A.
Monuments shall be placed at all block corners, angle
points and points of curves in the street and at intermediate points
as required by the engineer. Monuments and markers shall be steel
rods of four feet minimum length and 1/2 inch minimum diameter.
B.
Permanent bench marks shall be established to United
States Geological Survey (USGS) datum. At least two bench marks will
be required. No point in a subdivision shall be more than 500 feet
from a permanent bench mark.
A.
Where considered desirable by the Planning Board,
the developer may be required to plant trees or shrubs in appropriate
areas for both aesthetic and screening purposes. The type of planting
shall be defined by the developer, but subject to Planning Board approval.
B.
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 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 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.
