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Town of Wilson, NY
Niagara County
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Table of Contents
Table of Contents
In laying out a subdivision, the subdivider shall comply with the following planning and design standards. Higher standards may be required by the Planning Board where it finds that, because of exceptional conditions of topography, location, shape, size or other physical features of the site or because of the special nature of surrounding development, the minimum standards specified herein would not reasonably provide for public health, safety or welfare. Any higher standards shall be reasonable and shall be limited to the minimum increment necessary to protect the public health, safety and welfare.
A. 
Hazardous areas. Land subject to flooding, severe erosion or otherwise subject to unusual hazard to life, health or property may not be subdivided for building purposes unless the hazard has been eliminated or suitable safeguards have been taken to eliminate the problem. All lots on the lakeshore, where there exists a danger of shoreline erosion, shall be given extra depth and shall be provided with a building setback line from the shore, such line to be located with respect to possible erosion and also to elevation of the land in relation to the possibility of providing economically for sewer service in the future. Such shoreline building line shall be inscribed and properly identified on the preliminary and final plats.
B. 
Preservation of historic features. Any historic features relating to the site shall be preserved when required by the Planning Board because of general public interest.
C. 
Preservation of natural features. Where woods or scattered trees of significant quality as to be deserving of preservation are present, the Planning Board may require suitable measures to maintain such features, in whole or in part. The banks of streams shall not be disturbed in the process of subdivision except on approval by the Planning Board of specific grading plans.
A. 
General principles.
(1) 
Conformance with plans. Roads shall be planned in conformance with the Official Map of the Town and shall relate to such plans for the area as have been adopted by the Planning Board or by the County or State Highway Departments.
(2) 
General design considerations. Roads shall be planned with relationship to:
(a) 
Securing adequate grades for drainage and reasonable grades for safe traffic movement under all weather conditions.
(b) 
Current or future economical installation of sewers.
(c) 
Adequate and economical provision for installation and maintenance of storm drainage facilities, including in such provision consideration for access to every lot across any intervening drainage ditch or stream.
(d) 
Discouragement of through traffic on local streets.
(e) 
Traffic and pedestrian safety.
(f) 
Considerations of community attractiveness.
(g) 
Considerations of economical and efficient maintenance.
B. 
Intersection design. Intersections shall be so designed as to:
(1) 
Avoid intersections of more than four approach roads and to give preference, where feasible, to three-way intersections.
(2) 
Minimize intersections of local roads with secondary or arterial streets.
(3) 
Avoid small jogs. The center lines of roads opening into opposite sides of another road should intersect or be separated as required in Table 2.[1]
[1]
Editor's Note: Table 2 is located at the end of this chapter.
(4) 
Roads shall intersect at or near right angles within the tolerances provided in Table 1.[2]
[2]
Editor's Note: Table 1 is located at the end of this chapter.
(5) 
Provide adequate visibility at intersections.
(a) 
Property lines at intersections shall be provided with radius corners substantially concentric with the curb or pavement edge radius corners or, alternately, a diagonal cutoff parallel to the chord of the curb.
(b) 
Where any road intersection will involve, inside any lot corner, topographic features or existing vegetation that might create a traffic hazard through limiting visibility, such ground or vegetation shall be cut back, in conjunction with the grading of the public right-of-way, to the extent deemed necessary to provide adequate sight distance. A vision easement area shall be established within the triangle formed by the road lines and a straight line joining said road lines at points 30 feet from the point of their intersection. Such area shall be dedicated as a vision easement as provided hereinafter.
C. 
Dead-end roads (culs-de-sac).
(1) 
Length. 500 feet shall be the maximum length permitted for any cul-de-sac unless topography or other factors should justify a greater distance.
(2) 
Turnaround. Any cul-de-sac shall be provided with a turnaround having a minimum outside edge of the cartway radius of 46 feet and such minimum lot line radius as is necessary to contain suitable ditches and/or sidewalks where required, but not less than 65 feet.
(3) 
Temporary turnaround. Any road temporarily dead-ended because of authorized stage development or at property lines shall be provided with a suitable turnaround, suitably improved for use in all weather, the use of such turnaround to be guaranteed to the public until released by the Planning Board at such time as the road is extended.
D. 
Road design standards. Roads shall be designed in accordance with the following standards as applicable.
(1) 
Alignment standards.
(a) 
State and County highways: As determined by the appropriate agency.
(b) 
Town roads: See Table 1 at the end of this chapter.
(2) 
Cross-section standards:
(a) 
State and County highways: As determined by the appropriate agency, but not less than the designated right-of-way.
(b) 
Town roads: Any new roads shall be designed according to the appropriate cross-section standards as provided in Table 2[3] and such cross-section and construction standards as may be adopted by the Town Board.
[3]
Editor's Note: Table 2 is located at the end of this chapter.
(3) 
Required improvements for existing roads. Wherever a subdivision shall abut an existing road of insufficient width, inadequate cross section or alignment, the Planning Board shall, to the extent feasible, require the reservation or dedication of right-of-way sufficient to correct the deficiency and the planning and installation of improvements to correct the deficiencies. For example, when a developer is subdividing land fronting on a fifty-foot Town road, the Planning Board shall require dedication of the required right-of-way to complete required improvements on the side of the road affected and may, where feasible, require the developer to widen and reshape the road, adding as necessary to the shoulder, reshaping the ditch, relocating any fire hydrants or other appurtenances which must be moved in the process, etc., provided that the Town will cooperate with the developer to the extent necessary to make such improvements.
E. 
Miscellaneous road provisions.
(1) 
Limited access. Where a subdivision abuts or contains an existing or proposed major road or major roadside drainage ditch, the Planning Board may require the planning of marginal access roads or the layout of lots with reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, or such other treatment as may be necessary to provide adequate protection of residential properties and afford separation of through and local traffic.
(2) 
Railroad treatment. 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 such as for park purposes in appropriate districts.
(3) 
Reserve strips. Reserve strips, controlling access to streets, shall be prohibited except where their control is placed with the Town under conditions approved by the Planning Board.
(4) 
Road names. The subdivider may choose his road names subject to the approval of the Planning Board. No road, other than an extension of an existing road, shall be given a name known to be identical with, or closely similar to, any existing road in the Town.
(5) 
The construction of a road in a subdivision has to meet the following minimum requirements: 12 inches of No. 2 crusher-run or approved gravel; four inches rolled Type 1 and 2 binder; one inch rolled Type 1A fine top; two inches of ten-foot crown; 20 feet wide of pavement; and five feet of shoulder on each side; and it must be 66 feet wide and have proper drainage. All work shall be subject to approval of the Town Highway Superintendent. Working drawings prepared and signed by New York State licensed engineer shall be submitted to and approved by the Town Planning Board prior to commencement of the work.
[Added 5-23-1988 by L.L. No. 2-1988]
F. 
Sidewalks.
(1) 
Where required, sidewalks shall be provided in accordance with Table 2[4] or where required by the Planning Board.
[4]
Editor's Note: Table 2 is located at the end of this chapter.
(2) 
Sidewalks shall normally be located within the right-of-way and one foot from the street line. They shall be designed so as to align with sidewalks in adjacent areas. The Planning Board may permit alternate location that results in better side planning.
(3) 
Width. Sidewalks in single-family residential areas shall be not less than four feet in width. In industrial, commercial and higher-density residential areas, such greater width may be required by the Planning Board as is necessary in the area.
(4) 
Construction standards. Sidewalks shall meet Town construction standards.
A. 
General. Natural conditions in the Town are such as to require stringent attention to the adequacy of storm drainage provisions. Under agricultural conditions, much of the rainfall drains, but slowly, from the level fields or, in many cases, may remain on the surface until evaporated. In winter, when the ground is frozen and there may be ice or snow on the ground, runoff may equal (or even exceed) the precipitation from a given storm. Since development of land typically peaks runoff and may make existing stream channels inadequate, the subdivider shall be required to take any necessary measures within his purview to prevent or reduce the potentiality of his development causing or contributing to flood damage within the subdivision and downstream therefrom, including, as necessary, enlarging, deepening or relocating ditches within his development, creating storage areas or such other action as may be required by the Planning Board on the advice of the Town Engineer. Where extensive watershed improvements are required, the Planning Board may require establishment of a drainage district with powers and a suitable program for coping with the problems before permitting development.
B. 
Computation of runoff.
(1) 
General. In computing runoff, the entire area of the watershed lying upstream from the point in question shall be included in the calculations, whether or not within the subdivision. Any question as to the extent of this area shall be determined by the Town Engineer.
(2) 
Rule of thumb method for small areas. In small areas the following rule of thumb may be used, where applicable, in sizing culverts:
Drainage Area Served
(acres)
Pipe Diameter
(inches)
1
12
2
15
2 to 4
18
(3) 
Normal procedure.
(a) 
Where the Town Engineer has computed runoff or pipe facility size, the subdivider shall utilize such specifications.
(b) 
In all other instances, runoff shall be determined by the engineer for the subdivider using the rational method (Q = CiA). The value of "C" shall be determined for the particular area by the Town Engineer. The value of "i" shall be determined from the rainfall-frequency curves included herewith, except that collection times shorter than 15 minutes need not be used. For all storm sewers, the five-year frequency curve shall be used; for all culverts and bridges, the ten-year frequency curve shall be used; for all channel improvements, drainage ditches, etc., the twenty-five-year frequency curve shall be used. Engineering computations shall be presented along with the preliminary plans for such installations.
(c) 
The minimum culvert diameter permitted shall be 12 inches.
C. 
General design standards.
(1) 
Preferred runoff pattern. Preferred design of streets and grading of the land in relation to storm drainage shall normally be such that runoff from roofs, driveways and other impervious surfaces will be toward the road or toward a rear drainage easement, will be collected in the ditches or gutters along the road in short runs and will be diverted from the road-side after a run of not more than 500 feet into storm sewers or approved open watercourses.
(2) 
Downstream disposal. Any storm drainage channel or facility emptying onto improved land shall connect suitably with drainage facilities in such downstream area. Storm drainage channels or facilities discharging on undeveloped land lying downstream shall empty into natural watercourses in such a manner to prevent erosion. Other suitable arrangements may be made on agreement in writing between all affected property owners, on the approval of the Planning Board.
D. 
Design of storm sewers. All storm sewers shall be designed in accordance with standards adopted by the Town Board and approved by the Town Engineer.
E. 
Open watercourses. The use of open watercourses may involve problems relating to safety, erosion control and protection of capacity and appearance, all of which shall be given adequate attention by the subdivider.
A. 
Water supply.
(1) 
Every lot shall be assured a supply of potable water adequate for household use.
(a) 
If Town water is available, a plan showing water connections to each lot and connections to the existing public water system, provided and approved by the Town water district, shall be presented.
(b) 
If dependence is to be on wells, a test well shall be planned on not less than every fifth lot as approved by the County Health Director.
(2) 
Fire hydrants placed according to Town water district standards must be planned as an integral part of any water system extension.
(3) 
All waterlines shall be installed by the developer under the supervision and with the approval of the Water Superintendent of the Town of Wilson.
[Added 5-23-1988 by L.L. No. 2-1988]
B. 
Sanitary sewage. The subdivision must make provisions for sanitary sewage in accordance with the following standards, as applicable:
(1) 
Where there is an adequate existing public sewer on or near the subdivision, a complete public sewer system must be designed to the sewer district standards, showing connections for each lot to the public sewer.
(2) 
Where there is no existing public sanitary sewer system but one is to be installed within a reasonable time as determined by the Planning Board, a complete sanitary sewer shall be designed to be installed and either:
(a) 
Connected to a temporary community treatment plant approved by the County Health Department Director until connection to a public sewer is made; or
(b) 
Capped and on-site subsurface sewage disposal systems planned and installed and approved by the County Health Department.
(3) 
When on-site disposal systems are necessary, the following procedure shall be followed:
(a) 
On a subdivision of five or more lots, the subdivider shall obtain prior approval of the County Health Department of subdivision plans.
(b) 
On a subdivision of less than five lots, the Planning Board shall require a report from the County Health Department on the feasibility of providing adequate, on-lot sewage disposal systems.
(c) 
In any instance, when a subdivision involves a new street, the preliminary plan shall be accompanied by preliminary sewer plans prepared by a licensed professional engineer, showing the feasibility of eventual economic sewer installation.
A. 
General planning standards for blocks.
(1) 
The length, width and shape of blocks shall be determined with due regard to:
(a) 
Provision for adequate building sites suitable to the special needs of the type of use contemplated.
(b) 
Zoning requirements as to lot sizes and dimensions.
(c) 
Need for convenient access, circulation and traffic safety.
(d) 
Limitations and opportunities of topography.
(2) 
Irregularly shaped blocks or oversize blocks indented by culs-de-sac, parking courts or loop streets and containing interior block parks or playgrounds will be acceptable when properly designed, as determined by the Planning Board. Such blocks shall include adequate off-street parking, facilities for pedestrian access from streets to all lots, proper easements for utility lines and satisfactory provision for access to, and maintenance of, any park and open space.
(3) 
Blocks intended for commercial or industrial use shall be of such length and width as is suitable for their prospective use.
B. 
Design standards for blocks.
(1) 
Block lengths shall not exceed 1,600 feet.
(2) 
Blocks over 800 feet in length may be required to have a crosswalk where necessary to facilitate pedestrian circulation to a school, park, recreation area, shopping center or similar neighborhood facility.
C. 
General planning standards for lots.
(1) 
The lot size, width, depth, shape and orientation shall be appropriate for the location of the subdivision and for the type of development and use proposed.
(2) 
Side lot lines shall be substantially at right angles, or radial to, street lines.
(3) 
Double frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of drainage, topography or orientation. An easement of suitable width, across which there shall be no right of access, may be required along the line of lots abutting such traffic artery or other disadvantageous use.
(4) 
The subdivision plan shall provide each lot with satisfactory access to an existing public street or to a subdivision street that will be ceded to public use at the time of final plat approval.
(5) 
Corner lots shall be given extra width, as required by the Zoning Ordinance, to permit appropriate building setback from, and orientation to, side streets.
D. 
Design standards for lots.
(1) 
Lot dimensions and area shall conform, at a minimum, to the requirements of the Zoning Ordinance.
(2) 
Excessive lot depth in relation to the width shall be avoided. The depth of the lot shall normally not exceed three times the width.
A. 
Reasonable requirements for the preservation of outstanding natural features may be specified. These include large trees or groves, watercourses and falls, historic spots, exceptional views and similar irreplaceable assets in which there is general public interest.
B. 
There shall be at least one tree per 50 feet of lot frontage.
C. 
No trees shall be planted within the street right-of-way. Required trees shall be located five to 10 feet outside the right-of-way.
D. 
Trees shall be of species approved by the Planning Board.
E. 
Required new trees shall measure at least 1 1/2 inches in diameter as measured at a point four feet above finished grade level.
F. 
An alternative planting plan may be considered for a subdivision of more than 20 lots or 500 feet of lot frontage.
The preliminary plan shall show streetlights in accordance with the standards of the Town lighting district.
A. 
Building lines.
(1) 
A building setback line shall be provided along all streets which shall be not less than required by the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 127, Zoning.
(2) 
A building line shall be provided along the lakeshore as provided in § 112-11A.
B. 
Easements.
(1) 
Existing easements. Any existing easement for utility lines shall be shown on all plats. Where these are not sufficiently wide for maintenance or public protection, they shall be widened as considered necessary by the Planning Board.
(2) 
New easements. All utility lines to be constructed away from street lines shall be provided with easements sufficiently wide for maintenance and public protection, but not less than 15 feet. Such easements shall, to the fullest extent possible, be adjacent to, or centered on, rear or side lot lines.
(3) 
Streetlighting. The subdivider shall plan any easements necessary for future streetlighting.
(4) 
Easement agreements. Any plat containing new or enlarged easements shall be accompanied by agreements, satisfactory in form to the Town Attorney, providing adequate conditions for maintenance of the utility as determined by the Planning Board in consultation with officials of the utility concerned.
A. 
Dedication required. In accordance with Town Law, the Planning Board may require the dedication of land for a proposed park or playground, according to the following provisions:
(1) 
The public area is indicated on the Town Master Plan, or the Planning Board shall determine that a local open space or recreation area is, or will be, necessary to serve the population of the nearby area.
(2) 
The area dedicated is sufficiently large and well located to serve the purposes intended and has access to a public street.
(3) 
Not more than 500 square feet of land is required for each dwelling unit which may be accommodated in the development.
B. 
Fee in lieu of required dedication. Where the Planning Board shall determine that the provisions of Subsection A cannot adequately be carried out, it shall require the subdivider to make a payment in lieu of dedication. The following procedure shall be utilized in such instance:
(1) 
The amount of the fee, as determined by the Board, shall be proportionately equal, in accordance with area, to the average value of lots in the subdivision.
(2) 
The fee shall be paid to the Town as a condition of approval of the final plat, such funds to be placed by the Town in a separate park acquisition fund, to be expended, on the approval of the Planning Board, for the purchase of parklands within 1/2 mile of any point of the subdivision.