(A) Design standards for streets. For town maintained streets, the State Department of Transportation, Division of Highways, Traditional Neighborhood Development (TND) guidelines, August 2000, as amended, shall serve as a minimum guideline for design. In addition, standards as set forth in the town's zoning ordinance and this article of the subdivision regulations shall control. The town may impose additional standards or waive one or more required standards whenever, in its opinion, the standards are necessary to ensure public safety and the integrity of the public street system or, conversely, the waiver of the standards will not result in a degradation of public safety or the integrity of the public street system.
(B) Design standards for alleys. For alleys, whether public or private, the State Department of Transportation, Division of Highways, Traditional Neighborhood Development (TND) guidelines, August 2000, as amended, shall serve as a minimum guideline for design. In addition, standards as set forth in the town's Zoning Ordinance and this article of the subdivision regulations shall control. The town may impose additional standards or waive one or more required standards whenever, in its opinion, the standards are necessary to ensure public safety and the integrity of the public street system or, conversely, the waiver of the standards will not result in a degradation of public safety or the integrity of the public street system.
(C) Additional standards for streets and alleys.
(1) Right-of-way required.
(a) Minimum right-of-way by street classification.
Street Type | Feet |
Street Type | Feet |
Collector (Class V) | 60 |
Commercial arterial (Class III-C) | 150 |
Freeway or expressway (Class I) | 250—350 |
Limited access arterial (Class II) | 200 |
Major arterial (Class III) | 100 |
Minor arterial (Class IV) | 70 |
Town street | Varies |
(b) These standards represent the normally required rights-of-way for state standard streets. Additional right-of-way may be necessary in the area of interchanges, intersections, cut/fill areas or areas where horizontal or vertical alignments must be improved and will be determined on a case-by-case basis. When a subdivider elects to establish a roadway divided with a center strip or median, the right-of-way width must be at least the proposed width of the center strip or median, plus 62 feet.
(c) Along existing streets, neither right-of-way dedication, nor reservation, is required unless:
1. An existing street has a right-of-way less than 60 feet wide and will provide access to the subdivision, in which case a right-of-way up to 30 feet on each side of the center line may be required to be dedicated; or
2. An existing street will provide access to the subdivision and volume of traffic projected to be generated by the subdivision necessitates intersection and/or other improvement(s), in which case dedication of right-of-way sufficient for the subdivision developer to make intersection and/or other improvements to serve the subdivision may be required.
(d) The Town Board, after consulting applicable plans and programs and appropriate county, state and/or federal officials, is responsible for classifying streets or segments thereof within the zoning and subdivision jurisdiction of the town.
(2) Freeways/expressways (new). Whenever a tract of land to be subdivided includes any part of the right-of-way of a planned freeway or extension of a freeway, as shown on the adopted thoroughfare plan, and whenever a right-of-way has been further defined by acceptable locational procedures sufficient to identify properties to be affected, the right-of-way for the freeway must be reserved, platted in the location and to the width specified in the plan, and remain undeveloped pending future acquisition by the state or other governmental unit. The subdivider is responsible for the reservation of the right-of-way in accordance with the provisions of this section. The entire right-of-way must be shown as such on the final plat. All measurements involving minimum lot standards under this article and under the zoning ordinance will be made at the edge of the full right-of-way.
(3) Arterial street right-of-way (new streets). Whenever a tract of land to be subdivided includes any part of a planned arterial or extension of an existing arterial street shown on the adopted thoroughfare plan, and whenever a right-of-way for such a street has been further defined by acceptable locational procedures sufficient to identify properties to be affected, a right-of-way for the arterial street must be platted in the location and to the width specified in the plan. The subdivider is responsible for the dedication and/or reservation of the right-of-way in accordance with the provisions of this section. The entire right-of-way (that which has been reserved and that which has been dedicated) must be shown as such on the final plat. All measurements involving minimum lot standards under this article and under the zoning ordinance will be made at the edge of the full right-of-way.
(4) Cul-de-sacs. Cul-de-sacs (streets designed to be permanently closed at one end), may not be longer than 250 feet and must be terminated by a vehicular turnaround design as accepted by the town; provided, however, that, this requirement may be waived where topographical or other unusual conditions exist.
(5) Street off-sets. Where there is an off-set in the alignment of a street across an intersection, the off-set of the center lines shall not be less than 300 feet for arterials. Off-sets for other street types will be determined based upon projected traffic volumes and the applicability of traffic calming measures.
(6) Block lengths and widths. Block lengths and widths shall comply with the town's zoning ordinance.
(D) Design standards for lots.
(1) Frontage on street. Each lot shall have frontage on a street as required by the town's zoning ordinance.
(2) Side lines. Side lot lines shall, as nearly as practicable, be at right angles or radial to street lines. Where side lot lines intersect at the rear of the lot, the angle of intersection shall not be less than 60 degrees.
(3) Lot sizes. Lot dimensions and yard dimensions are controlled by the town's zoning ordinance.
(4) Building lines. Building lines shall be established on all lots in residential subdivisions and shall be determined on the basis of zoning district and classification of any abutting streets, existing or planned, in accordance with the town's zoning ordinance.
(5) Driveway connections. Prior to the construction of any driveway or other connection within the right-of-way of a public street, a permit must be secured from the State Department of Transportation or the town, for a state or a local road respectively. However, in a residential major subdivision, access to individual lots from streets constructed as part of the subdivision shall be reviewed and approved at the time each building permit is issued and individual driveway permits will not be required on a lot by lot basis.
(6) Lots subject to flooding.
(a) The town will determine which lots are subject to significant flooding, which will include those lots along any significant water course, whether or not the stream is enclosed with pipes or culverts, and may also include areas where it can reasonably be expected that significant overland flow of storm water or flooding will occur. If any part of a proposed lot is subject to flooding, the subdivider shall make a determination of the crest elevation of the flood expected to be equaled or exceeded, on the average, of one time in 100 years (the "100-year flood") in accordance with generally accepted engineering practice, which is to be submitted with the seal and signature of a professional engineer to the town. This determination must reflect the actual conditions imposed by the completed subdivision and must give due consideration to the effects of urbanization and obstructions.
(b) No proposed building lot that is wholly or partly subject to flooding shall be approved unless there is established on the final plat a line representing an actual contour, as determined by field survey, at an elevation one foot above the 100-year flood crest. The line shall be known and identified on the final plat as the "building restriction floodline". In addition, a "flood protection elevation" for each lot subject to flooding shall be noted on the lot plan as determined by the Town Engineer based on the building restriction floodline, or for lots upstream of street crossings, the low elevation of the street plus one foot, whichever is greater.
(c) All habitable buildings or structures shall be located outside the "building restriction floodline", or the lowest usable and functional part of the structure shall not be below the flood protection elevation.
USABLE AND FUNCTIONAL PART OF THE STRUCTURE shall be defined as being inclusive of living areas, basements, sunken dens, basement utility rooms, crawlspaces, attached carports and mechanical appurtenances such as furnaces, air conditioners, water pumps, electrical conduits and wiring, but shall not include water lines or sanitary sewer traps, piping and clean-outs; provided, openings serving the structure are above the flood protection elevation.
(d) Where only a portion of a proposed lot is subject to flooding, as defined herein, the lot may be approved only if there will be available for building a usable lot area of not less than 1,200 square feet. The usable lot area shall be determined by deducting from the total lot area the area of all yards and setbacks required by the applicable zoning district regulations and any remaining area of the lot lying below the building restriction floodline.
(e) During the construction of a subdivision, the developer shall maintain the streambed of each stream, creek or backwash channel contiguous to the subdivision in an unobstructed state and shall remove from the channel and bank of the stream all debris resulting from the land development process, including logs, timber, junk and other accumulations of a nature that would, in time of flood, clog or dam the passage of waters in their downstream course. Installation of appropriately sized storm water drains, culverts, bridges or erosion control devices will not be construed as obstructions in the stream. In areas of the county that are covered by the provisions of the floodway regulations, the floodway regulations will supersede the provisions of this article regarding land within the regulated floodplain.
(2003 Code, § 8-2.7) (Adopted 4-1-2003)