By the authority of the resolution of the Village Board of Trustees
of the Village of Newark Valley, adopted on April 7, 1986, pursuant to the
provisions of Article 7 and § 4-412 of the Village Law of the State
of New York, the Village Board of Appeals of the Village of Newark Valley
shall be authorized and empowered to approve plats showing lots, blocks or
sites, with or without streets or highways, to approve development of entirely
or partially undeveloped plats already filed in the office of the Clerk of
Tioga County and to conditionally approve preliminary plats. It is declared
to be the policy of the Village of Newark Valley to consider land subdivision
plats as part of a plan for the orderly, efficient and economical development
of the Village. This means, among other things, that 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; that proper
provision shall be made for drainage, water supply, sewerage and other needed
improvements; that all proposed lots shall be so laid out and of such size
as to be in harmony with the development pattern of the neighboring properties;
and that the proposed streets shall compose a convenient system conforming
to the Official Map, as such shall be revised from time to time, and shall
be properly related to the proposals shown on the Village Master Plan, as
periodically revised, and shall be of such width, grade and location as to
accommodate the prospective traffic, to facilitate fire protection and to
provide access of fire-fighting equipment to buildings. In order that land
subdivisions may be made in accordance with this policy, these regulations,
which shall be known as and which may be cited as the "Land Subdivision Regulations
of the Village of Newark Valley, New York," have been adopted by local law.
For the purpose of this chapter, certain words and terms used herein
are defined as follows:
CODE ENFORCEMENT OFFICER
A person designated by the Board of Trustees to make the determinations
required in this chapter.
DEVELOPER
A subdivider, or his or her agent, who shall lay out, propose, contract
or perform the development of subdivided land, either immediate or future.
EASEMENT
Written authorization by a property owner for use by another party
and for a specified purpose of any designated part of his property.
IMPROVEMENTS
When required, shall include but not be limited to the following:
streets, water and sewer lines, drainage facilities, public utilities and
land grading.
LETTER OF CREDIT
A form of security approved by and acceptable to the Board of Trustees
of the Village of Newark Valley guaranteeing that all improvements to be made
by the subdivider in compliance with these regulations will be made and providing
funds for engineering and administrative review and inspection fees.
LOT
Any parcel, plot, site or tract of land separated from other parcels,
plots, sites or tracts by description, as on a subdivision map or record of
survey map, or by metes and bounds, for the purpose of sale, lease or separate
use.
OFFICIAL VILLAGE MAP
The map established/approved by the Village Board of Trustees pursuant
to § 7-724 of the Village Law, showing streets, highways, parks
and drainage, both existing and proposed.
PRELIMINARY PLAT
Any drawings clearly marked "Preliminary Plat" showing the layout
of a proposed subdivision and containing all the supplementary data required
by these regulations and the Village Board of Appeals in its action on the
sketch plan.
SECRETARY OF THE VILLAGE BOARD OF APPEALS
The person designated by the Board of Trustees of the Village of
Newark Valley, New York, to perform the duties of Secretary of the Village
Board of Appeals for all purposes of these regulations. Said person may not
be a member of the Village Board of Appeals.
SKETCH PLAN
Any drawings of the proposed subdivision made with sufficient accuracy
and detail to be used by the Village Board of Appeals for the purpose of discussion
and classification in accordance with the provision of these regulations.
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR)
Article 8 of the Environmental Conservation Law of the State of New
York and the regulations adopted pursuant thereto by the Department of Environmental
Conservation constituting the State Environmental Quality Review Act.
STREET
Any street, avenue, boulevard, road, lane, parkway, alley or other
way which is an existing state, county, town or Village roadway or a proposed
street shown on the Village Master Plan or a street or way shown on a plat
to be filed or duly filed and recorded in the office of the County Clerk.
"Street" includes all land between rights-of-way, whether improved or unimproved.
For the purpose of these regulations, "street" shall be classified as follows:
A.
ARTERIAL STREETA street which serves or is designated to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy-traffic-generating areas.
B.
COLLECTOR STREETA street which collects traffic from minor streets and carries it to arterial streets but does not carry heavy volumes of fast or through traffic.
C.
MINOR STREETA street which is used to provide access to abutting land, primarily of residential character.
STREET PAVEMENT
The wearing or exposed surface of the roadway or street used by vehicular
traffic.
STREET WIDTH
The width of right-of-way, measured at right angles to the canter
line of the street.
SUBDIVIDER
Any person, corporation, firm, partnership or association who or
which shall lay out or propose any subdivision of land for the purpose of
sale or development, either immediate or future.
SUBDIVISION
The division of any parcel of land into two or more parcels, lots,
plots, tracts, sites or other division of land, for the purpose, whether immediate
or future, of transfer of ownership, whether or not new building or development
is to occur immediately. "Subdivision" shall include resubdivision in whole
or in part of any plat, filed or unfiled, which is entirely or partially undeveloped.
The adjustment of boundary lines between neighbors shall not be deemed a subdivision
so long as the adjustment does not result in the violation of any side lot,
setback or other zoning restriction and the adjustment does not create a new
building lot. Any subdivision may be classified by the Village Board of Appeals
as a major subdivision and, if so classified, shall require preliminary plat
and final plat approval and submission of all data required for such approval.
A.
MAJOR SUBDIVISIONAny subdivision of land not classified by the Village Board of Appeals as minor subdivision.
B.
MINOR SUBDIVISIONThe subdivision of any land into not more than two lots (initial lot plus one new lot) and fronting on an existing street, not involving any new street or road or the extension of any municipal facilities, not adversely affecting the development of the remainder of the parcel or of adjoining property and not in conflict with any provisions or portion of the Village Master Plan, the Official Map, the Village Building Code or Zoning Law, if such exists, or these regulations.
SUBDIVISION PLAT or FINAL PLAT
The final map of all or a portion of the subdivision, with all supporting
data, documentation and approvals required by these regulations and by the
Village Board of Appeals, submitted to the Village Clerk-Treasurer for action
by the Village and which, if approved, shall be filed in the County Clerk's
office.
SURVEYOR
A person licensed as a land surveyor by the State of New York.
VILLAGE ENGINEER
A person designated by the Village Board of Trustees to make the
determinations required to be made by an engineer under this chapter.
VILLAGE MASTER PLAN
A comprehensive plan prepared by the Village Board of Appeals pursuant
to § 7-722 of the Village Law for general physical development of
the Village of Newark Valley, New York, and which includes any unit or part
of such plan separately prepared and any amendment to such plan or parts therein.
WARRANTY
A form of security required to guarantee all work performed and materials
furnished against defect, failure, inadequacy or breakage.
In considering applications for subdivision of land, the Village Board of Appeals shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements, and waiver of any requirements shall be made only under circumstances set forth in §§
144-24 through
144-26 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 to Village Master Plan. Subdivisions shall
be in harmony with the Village Master Plan.
C. Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the Village specifications.
All of the following must meet the requirements of Chapter
140, Streets and Sidewalks, Article
II, Standard Specifications for Streets:
F. Shoulder and ditch construction.
I. Maintenance of roads/streets.
The following documents shall be submitted for approval:
A. Six copies of the preliminary plat, prepared to a scale
of not more than 100 but preferably not less than 50 feet to the inch, showing:
(1) The proposed subdivision name, the name of the Village,
town and county in which it is located, the date, true North point, the scale,
and the name and address of the record owner, the subdivider and the engineer
or surveyor, including license number and seal.
(2) The name of all subdivisions immediately adjacent and
the name of the owners of record of all adjacent property.
(3) The zoning district, if such exists, including exact
boundary lines of the district if in more than one district, and any proposed
changes in the zoning district lines and/or the Zoning Law text applicable
to the area to be subdivided.
(4) All parcels of land proposed to be dedicated to public
use and the conditions of such dedication.
(5) The location of existing property lines, easements, buildings,
watercourses, marshes, rock outcrops, wooded areas, single trees with a diameter
of six inches or more as measured three feet above the base of the trunk and
other significant existing features for the proposed subdivision and adjacent
property.
(6) The location of existing sewers, water mains, culverts
and drains on the property, with pipe sizes, grades and direction of flow.
(7) Contours with intervals of one foot on slopes of 2% or
less, two feet on slopes of 2% to 10% and five feet on slopes of 10% or more.
The Village Board of Appeals may alter the contour intervals depending on
the site.
(8) The width and location of any streets or public ways
or places shown on the Official Map or the Village Master Plan, if such exists,
within the area to be subdivided and the width, location, grades and street
profiles of all streets or public ways proposed by the developer.
(9) The approximate location and size of all proposed waterlines,
valves, hydrants and sewer lines, and fire alarm boxes; connection to existing
lines or alternate means of water supply or sewage disposal and treatment
as provided in the Public Health Law; and profiles of all proposed water and
sewer lines.
(10) A storm drainage plan indicating the approximate location
and size of proposed lines and their profiles, connection to existing lines
or alternate means of disposal and an outline of the watershed tributary to
the drainage outlet, and indicating how foundation drains will be installed.
(11) Plans and cross sections showing the proposed location
and type of sidewalks, streetlighting standards, street trees, curbs, water
mains, sanitary sewers and storm drains, and the size and type thereof, the
character, width and depth of pavements and subbase and the location of manholes,
basins and underground conduits.
(12) Preliminary designs of any bridges or culverts which
may be required.
(13) The proposed lot lines with approximate dimensions and
area of each lot.
(14) Where the topography is such as to make difficult the
inclusion of any of the required facilities within the public areas as laid
out, show the boundaries of proposed permanent easements over or under private
property, which permanent easements shall not be less than 20 feet in width
and which shall provide satisfactory access to an existing public highway
or other public highway or public open space shown on the subdivision map
or the Official Map.
(15) An actual field survey of the boundary lines of the tract,
giving complete descriptive data by bearings and distances, made and certified
to by a licensed land surveyor. The corners of the tract shall also be located
on the ground and marked by substantial monuments of such size and type as
approved by the Village Engineer and shall be referenced and shown on the
plat.
(16) An erosion control plan indicating what, how and when
erosion control measures will be installed.
(17) Completed State Environmental Quality Review (SEQR) forms,
long form.
B. If the application covers only a part of the subdivider's
entire holding, a map of the entire tract, drawn at a scale of not more than
400 feet to the inch, showing an outline of the platted area with its proposed
streets and an indication of the probable future street system with its grades
and drainage on the remaining portion of the tract and the probable future
drainage layout of the entire tract, shall be submitted. The part of the subdivider's
holdings submitted shall be considered in the light of the entire holdings.
C. A copy of such covenants or deed restrictions as are
intended to cover all or part of the tract shall be required.
The following documents shall be submitted for plat approval:
A. Six copies of the plat shall be submitted. The plat to
be filed with the County Clerk shall be on material and in a form required
by the County Clerk for filing. Also, at least one copy of the plat to be
retained by the Village shall be on linen or Mylar. The size of the sheets
shall be 8 1/2 inches by 11 inches minimum or 34 inches by 44 inches
maximum, including a margin for binding of two inches outside of the border,
along the remaining sides. The plat shall be drawn at a scale of no more than
100 feet to the inch and oriented with the North point at the top of the map.
When more than one sheet is required, an additional index sheet of the same
size shall be filed showing to scale the entire subdivision with lot and block
numbers clearly legible.
(1) The plat shall show:
(a) The proposed subdivision name or identifying title and
the name of the Village, town and county in which the subdivision is located,
the name and address of the record owner and the subdivider and the name,
license number and seal of the licensed land surveyor.
(b) Street lines, pedestrianways, lots, reservations, easements
and areas to be dedicated to public use.
(c) Sufficient data acceptable to the Village Engineer to
determine readily the location, bearing and length of every street line, lot
line and boundary line and to reproduce such lines upon the ground. Where
applicable, these should be referenced to monuments included in the state
system of plane coordinates and, in any event, should be tied to reference
points previously established by a public authority.
(2) The length and bearing of all straight lines, radii,
length of curves and central angles of all curves and tangent bearings shall
be given for each street. All dimensions and angles of the lines of each lot
shall be shown in feet and decimals of a foot. The plat shall show the boundaries
of the property and the location, graphic scale and true North point.
(3) The plat shall also show, by proper designation thereon,
all public open spaces for which deeds are included and those spaces title
to which is reserved by the developer. For any of the latter, there shall
be submitted with the subdivision plat copies of agreements or other documents
showing the manner in which such areas are to be maintained and the provisions
made therefor.
(4) All offers of cession and covenants governing the maintenance
of unceded open space shall bear the certificate of approval of the Village
Attorney as to their legal sufficiency.
(5) Lots and blocks within a subdivision shall be numbered
or lettered in alphabetical order in accordance with the prevailing Village
practice.
(6) Permanent reference monuments shall be shown and shall
be constructed in accordance with specifications of the Village Engineer.
When referenced to the state system of plane coordinates, they shall also
conform to the requirements of the State Department of Transportation. They
shall be placed as required by the Village Engineer and their location noted
and referenced upon the plat.
(7) All lot corner markers shall be permanently located satisfactorily
to the Village Engineer, at least 3/4 inch (if metal) in diameter and at least
24 inches in length, and located to the ground to existing grade.
(8) Monuments of a type approved by the Village Engineer
shall be set at all corners and angle points of the boundaries of the original
tract to be subdivided and at all street intersections, angle points in street
lines, points of curve and such intermediate points as shall be required by
the Village Engineer.
B. Construction drawings, including plans, profiles and
typical cross sections, as required, showing the proposed location, size and
type of streets, sidewalks, streetlighting standards, street trees, curbs,
water mains, sanitary sewers and storm drains, pavements and subbase, manholes,
catch basins and detailed plans for bridges, culverts or similar structures
shall be required.
(1) Profile drawing requirements.
(a) Drawings shall be prepared with the following scales
or other scale approved by the Village Board of Appeals:
[1] Horizontal scale: one inch equals 50 feet.
[2] Vertical scale: one inch equals 10 feet.
(b) All profiles shall show the existing natural grades,
the typical cross section of existing or proposed roads, the center lines
of intersecting roads and a system of survey stations.
(c) The center-line profile of the proposed roads with dimensions
on vertical curves and notation as to gradient and critical elevations shall
be shown.
(d) The invert profile and location of all storm and sanitary
drainage structures (manholes, catch basins, etc.) in street rights-of-way
and in drainage easements shall be shown.
C. Six copies of the completed State Environmental Quality
Review forms.
Where the Village Board of Appeals finds that, due to the special circumstances
of a particular plat, the provision of certain required improvements is not
requisite in the interest of the public health, safety and general welfare
or is inappropriate because of inadequacy or lack of connecting facilities
adjacent or in proximity to the proposed subdivision, it may waive such requirements
subject to appropriate conditions, provided that such waiver will not have
the effect of nullifying the intent and purpose of the Official Map, the Village
Master Plan or the Village Building Code or Zoning Law, if such exists.
In granting waivers, the Village Board of Appeals shall require such
conditions as will, in its judgment, secure substantially the objectives of
the standards or requirements so waived.
Where the Village Board of Appeals finds that a proposed purchase of
a parcel of land is for the purpose of enlarging the purchaser's existing
lot; is contiguous to land already owned by the prospective purchaser; does
not require any connecting municipal facilities, street or road; will be combined
by the purchaser with the original parcel and will become one parcel; does
not result in the seller's lot being in violation of the Village Building
Code or Zoning Law, if such exist; and will conform to all laws, regulations
and Master Plan provisions, such purchase shall not be deemed a subdivision.
If there is a conflict between the provisions of this chapter and the Standard Specifications for Street Improvements, then such conflict shall be resolved by the Village Board of Appeals applying the more stringent provision of either this chapter or Article
II of Chapter
140, Streets and Sidewalks.
Any person or persons jointly or severally aggrieved by any decision
of the Village Board of Appeals or the Village Board concerning such plat
may bring a proceeding to review in the manner provided by Article 78 of the
Civil Practice Law and Rules, provided that the proceeding is commenced within
30 days after the filing of the decision in the office of the Village Clerk-Treasurer,
as set forth in § 7-740 of the Village Law.
Fees provided for in this chapter shall be as adopted by resolution
of the Board of Trustees of the Village.