Town of Lumberland - Local Law 3 - 4.0 Design Standards

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 Town of Lumberland. The Planning Board shall require more-restrictive standards where necessary to protect health, safety and welfare on the public, and where circumstances unique to the property so dictate.

4.2 General Site Requirements

4.2.1 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 or the plans show adequate safeguards correcting the hazards.

4.2.2 In addition, the Town may rely upon information contained in its Comprehensive Plan and, in determining and evaluating potential hazards use historical reference, soil evaluations, engineering studies, expert opinions, established standards used by licensed insurance companies or in professional practice, and Federal, State, or local policies.

4.2.3 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 the 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.

4.2.4 In all subdivisions, care shall be taken to preserve natural features such as trees, water courses, 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 has a slope of more than 15% the Planning Board may require larger lot sizes than the minimum standards set forth herein.

4.2.5 Damming, filling, relocating or other interference with the natural flow of surface water along any surface water drainage channel or natural water course shall not be permitted except with the approval of the Planning Board and, where appropriate, DEC.

4.2.6 Wherever possible, lot lines shall follow Town boundary lines rather than cross them, and reverse strips controlling access to lots, public right-of-way, public lands or adjacent private lands are prohibited.

4.3 Blocks and Lots

4.3.1 Blocks shall ordinarily not exceed 1200 feet in length.

4.3.2 Pedestrian interior walks or trails may be required, where necessary to assist circulation or provide access to community facilities and open spaces. Such walks or trails shall have a right-of-way width of not less than 6 feet and be all-weather-surfaces for not less than 3 feet in width.

4.3.3 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 un-subdivided area.

4.3.4 Where a subdivision adjoins a major highway (one which is designated and marked for two lanes or more and carries at least 1000 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 dictate 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 safely demands restricting access.

4.3.5 Cul-de-sac streets, permanently designed as such, shall not exceed 600 feet in length and shall furnish access to not more than 9 dwelling units. Cul-de-sac streets shall have, at the closed end, a turn-around with the right-of-way having an outside diameter of not less than 80 feet and not more than 100 feet and shall be paved to a diameter of not less than 80 feet and not more than 100 feet. An inside landscaped area of not more than 60 feet in diameter shall be encouraged. Drainage of cul-de-sac shall preferably be toward the open end.

4.3.6 All side lines of lots shall be 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.

4.3.7 Double frontage lots shall ordinarily not be platted, except as specifically provided herein. In that event, a planting strip of at least 20 feet in width may be required along the back of the lot.

4.3.8 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 spaces.

4.3.9 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. All corner lots shall have a curve with a minimum radius of (20) feet joining the intersecting right-of-way lines.

4.3.10 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 fifty (50) feet in width. However, upon written request by the subdivider, the Town may grant a waiver from this and other street requirements of this Law to permit access to no more than three (3) single-family residential lots from a private drive, provided a release has been given in the Town and approved by the Town Board making clear that the Town is exempted from all responsibility for the maintenance of the same and that the lot in question is not capable of being subdivided further or so restricted. Evidence of satisfactory shared arrangements for ownership and maintenance of the drive shall also be provided.

4.3.11 Monuments shall be placed at perimeter corners of each street, and markers set at the corner of each lot, consistent with surveyor's professional practice, to permanently and accurately define the metes and bounds of the block and lots created.

4.4 Common Open Space

Except where such area would be less than one acre, not less than 10% of the gross area of the entire tract, exclusive of lakes or ponds, shall be reserved for the common open space directly accessible from the lots to be created. Such open space shall be suitable for recreational use of the residents of the subdivision or the general community. The following and similar facilities shall meet this requirement; swimming pools, tennis courts, riding and cycling paths, playgrounds, community centers, and other open areas. Such areas as are designated so as to be free of health and safety hazards and suitable for designated use. No portion of the 10% of the requirement shall be met with wetlands, slopes exceeding 15% in grade or other otherwise un-developable areas. Sites so dedicated shall not be deemed to be accepted by the Town unless and until the Town Board has taken formal action to accept the same. The subdivider and the Town may also agree to otherwise provide recreational land for the use of residents pursuant to the authority of 277 of the Town Law including fees in lieu of dedication.

4.5 Water Supply

4.5.1 Where a central water supply is available within 1000 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.

4.5.2 Plans and specifications for the 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.

4.5.3 The applicant must demonstrate ability to provide a minimum of 150 gallons of water per capita per day (CPCD) and/or 400 gallons per day (CPD) for each residential dwelling unit to be served. Service to industrial or commercial establishments shall meet standards established by the American Water Work Association or insurance industry underwriting standards.

4.5.4 New central water supply wells shall be sited, drilled, and tested under the direct supervision of a professional groundwater geologist. Wells shall be so located that no potential pollution sources can exist within a 100 foot radius (200 feet if located down slope from the pollution source). Wells shall also be located on reserved parcels.

4.6 Sewage Disposal

4.6.1 When a central sewage disposal system is located within 1000 feet of the proposed residential development, the subdivider shall, if legally and practically feasible, provide a system of collection lines to connect to said system. Regardless of the requirement, all subdivision and land developments shall be provided with an adequate sewage disposal system(s).

4.6.2 All residential lots shall contain suitable areas for on-site sewage disposal systems or be served by an approved central sewage disposal system. Soil test pits shall be used to make this determination and the sites for such testing shall be subject to approval of the Planning Board. Plans and specifications for central systems, as required by Department of Environmental Conservation, shall be submitted with all preliminary subdivision plats. Approval of DEC shall be required prior to final plat approval.

4.6.3 Central sewage disposal systems are required for all residential lots and non-residential developments where on-site soil conditions are unsuitable for on-lot subsurface sewage disposal systems.

4.6.4 Design standards, materials and specifications for central systems shall meet DEC requirements.

4.6.5 Where connection to neither a central water supply nor a central sewage system is required, on-site systems shall be provided in accordance with criteria set forth by the New York Department of Health. A site and soils evaluation by the test pit method and favorable report is required prior to preliminary plat approval. The applicant's professional engineer, subject to the approval of the Planning Board, shall determine the number and location of the test pits and soil percolation tests necessary to determine the general suitability of soils throughout the subdivision for on-site subsurface sewage disposal.

4.6.6 Sanitary sewers shall not be used to carry storm water.

4.7 Erosion and Sedimentation

In the event that any subdivider shall intend to make land changes by grading, 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, situation and contamination of water courses or impoundments. Erosion control measures may include hay bales, silt fences or other provisions or combinations thereof.

4.8 Storm Drainage

4.8.1 A storm water drainage plan shall be required for major subdivisions. Such a plan shall be prepared using DEC guidelines and standards (see "Reducing the Impacts of Storm water Runoff from New Development"), but complying with the following standards.

4.8.2 Storm water drainage facilities shall be designated to accommodate storms of a 25 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 storm water leaving the site along any property line after development shall not exceed that estimated for the site prior to development. In instances where storm water 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 storm water flows and estimates at the time of application.

4.8.3 The following additional requirements shall apply.

(1) Lots shall be laid out and graded to prevent cross-lot drainage away from proposed building area. Natural drainage 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 land owners.

(3) No storm water 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) Storm water 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 provided a drainage easement 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.

(7) Drainage structures that are located on a 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" 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 system. Storm drains or storm sewers facilities may be required in any development situation where the Town Board determine 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 storm water leaving the site along any property line after development shall not exceed pre-development storm water flow for that area. In no case shall any pipe system of less than 15" in diameter be used underneath a street or driveway.

(13) 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.

4.9 Street Requirements

4.9.1 The arrangement, character, extent, width, grade and location of all street shall conform to the provisions found herein. Every subdivision shall have access to a public right-of-way.

(1) In general, all streets shall be continuous and in alignment with existing streets and shall compose a convenient system to insure 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 Law.

(3) Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts, or when designed as cul-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, not street shall intersect another at less than sixty (60) degrees. 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 as may be required. Streets entering opposite sides of another street shall be laid out directly opposite one another or offset a minimum of one-hundred-twenty-five (125').

This project was assisted by a grant from the Upper Delaware Council, Narrowsburg, NY 12767