Village of Millbrook, NY Required Improvements; Design Standards

The lot area, width, depth, shape and orientation shall be appropriate for the location of the subdivision and the type of development and use contemplated. Unless specifically permitted by the Planning Board, lot depths shall not exceed lot widths by a greater than 4:1 ratio in order to promote the efficient use of land. Each lot shall constitute a good dwelling site taking full advantage of topography, sunlight and solar access.

The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with Chapter 230, Zoning, and Health Regulations and in providing driveway access to buildings on such lots from an approved street in accordance with Chapter 230, Zoning, and the Village Road Specifications.[1]

Editor's Note: The Health Regulations and Village Road Specifications are on file in the Village offices.

Lot dimensions. Lot dimensions shall comply with the minimum standards of Chapter 230, Zoning. Where lots are more than double the minimum required area for the zoning district, the Planning Board may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with Chapter 230, Zoning, and these regulations.

Corner lots. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard setback from both streets.

Double frontage lots. Double frontage and reversed frontage lots shall be avoided, except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation.

Commercial and industrial lots. Depth and width of properties reserved or laid out for commercial, industrial or other nonresidential purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in Chapter 230, Zoning.

Water bodies. If a subdivision contains a water body or portion thereof, lot lines shall be drawn so as to distribute the entire ownership of the water body among the adjacent lots, unless the Planning Board approves an alternate plan whereby the ownership of and responsibility for the safety of the water body is so placed that it will not become a Village responsibility.

Access across a watercourse. Where a watercourse separates the buildable area of a lot from the street by which it has access, provision shall be made for the installation of a bridge, culvert or other drainage facility, of a design approved by the Planning Board based upon recommendation of the Village Engineer, to provide satisfactory access across such watercourse for fire, police and other emergency equipment.

Lots in two or more zoning districts or municipalities.

If it is necessary for a municipal boundary line to cross a lot, the Planning Board may require suitable legal agreements to assure that the two portions of the lot will not be separated in the future and that the portion of the lot in the adjoining municipality will not be used for any purpose that would make it nonconforming if the entire lot were located within the Village.

Whenever a subdivision includes land in two or more zoning districts and/or municipalities, the location of the zoning district and/or municipal boundary line shall be shown on the plat and, in addition, where zoning boundaries are involved, the following notation shall be added: "Existing zoning boundaries as of March 24, 1987."

§ 201-25 Soil preservation; required landscaping.

Soil preservation, final grading and seeding. Building sites shall be graded and the topsoil replaced, except where covered by buildings, streets, walkways or where the grade has not been changed or natural vegetation seriously damaged. The soil shall be stabilized by seeding, plantings or other accepted methods.

Plantings. All lots shall be planted with grass or other suitable ground cover approved by the Planning Board, from the roadside edge of the unpaved right-of-way back to a distance of 25 feet behind the principal residence on the lot.

Debris and waste. No cut trees, timber, debris, large rocks, junk, rubbish or other waste materials of any kind shall be buried in any land or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of the same shall be required prior to issuance of any certificate of occupancy on a subdivision. No such materials shall any be left or deposited in any area of the subdivision at the time of expiration of the performance bond or dedication of public improvements, whichever is sooner.

Fencing. Each subdivider and/or developer shall be required to furnish and install fences wherever the Planning Board determines that a hazardous condition may exist. The fences shall be noted as to height and material on the final plat. No certificate of occupancy shall be issued until said fence improvements have been duly installed.

Performance bond to include lot improvement.

The performance bond shall include an amount to guarantee completion of all requirements contained in these regulations, including but not limited to soil preservation, final grading, lot drainage, lawn grass seeding, removal of debris and waste, fencing and all other lot improvements required by the Planning Board.

Whether or not a certificate of occupancy has been issued, at the expiration of the performance bond, the Village government may enforce the provisions of the bond where the provisions of this section or any other applicable law, ordinance or regulation have not been complied with.

§ 201-26 Blocks.

The length, width and shape of blocks shall be determined with due regard to:

Provision of adequate building sites suitable to special needs of the type of use contemplated.

Zoning requirements as to lot sizes and dimensions.

Need for convenient access, circulation, control and safety of street traffic,

Limitations as well as opportunities offered by the topography.

§ 201-27 Parks and recreation areas and open space.

Reservations.

The Planning Board may require that land be reserved within subdivisions for parks, playgrounds and other recreational purposes. The amount of land to be so reserved is normally in the amount of 10% of the gross area of the subdivision. The area shall be shown and marked on the final plat "Reserved for Park and/or Playground Purposes."

Where the Planning Board determines that suitable reservation(s) of adequate size cannot be properly located in a subdivision or where such a reservation is otherwise not appropriate or practical, the Planning Board shall require, as a condition to approval of any such plat, a payment to the Village in lieu of land reservation (see § 201-18C).

Each reservation shall be of suitable size, dimension, topography and general character and shall have adequate road access for the particular purposes envisioned by the Planning Board. The developer shall dedicate all such recreation areas to the Village as a condition of final plat approval. The Planning Board may refer the proposed subdivision or the proposed reservations to the Village official or department in charge of parks and recreation for recommendation.

Recreation sites. Land reserved for use as playgrounds or playfields shall be of a character and location suitable for such use. This land shall be relatively level and dry and shall be improved by the developer to the standards required by the Planning Board, which shall be included in the performance bond.

Ownership of park areas. The ownership of reservations shall be clearly indicated on the plat and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance.

Other recreation uses. The provisions of this section are minimum standards. None of the subsections above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section.

§ 201-28 Drainage facilities. [1]

General requirements.

The Planning Board shall not approve any plat which does not make adequate provision for stormwater or flood water runoff. If on-site retention is not feasible, the Planning Board may require the applicant to carry away by pipe or open ditch any spring or surface water that may exist either previously to or as a result of the subdivision.

Drainage facilities shall meet the following general requirements:

Drainage plans shall reflect potential surface runoff within the drainage area after development. The Planning Board may also require design studies on drainage impacts due to future development of neighboring properties. A copy of design computations shall be submitted along the plans.

Surface water drainage patterns shall be shown for each and every lot and block. All subdivisions shall be related to the natural drainage pattern affecting the areas involved.

Drainage facilities shall be located in the road right-of-way where feasible or in perpetual unobstructed easements of appropriate width.

(d)

Drainage facilities shall be constructed in accordance with applicable construction standards and specifications.

(e)

The drainage system shall be separate and independent of any sanitary sewer system.

(f)

Storm sewers, where required, shall be designed by a method approved by the Planning Board.

(g)

Inlets shall be provided so that surface water is not carried across or around any intersection.

(h)

When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point, and basins shall be used to intercept flow at that point.

Accommodation of upstream drainage areas. A culvert or other drainage facility should be large enough to accommodate potential runoff from the upstream drainage area, whether inside or outside the subdivision. The Planning Board may require the Village Engineer to determine the necessary size of the facility, based on the provisions of the construction standards and specifications assuming reasonable conditions of watershed development permitted by Chapter 230, Zoning.

Effect on downstream drainage areas. The Planning Board may require a study of the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. Area drainage studies, together with such other studies as shall be appropriate, shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Planning Board may withhold approval of the subdivision until provision has been made for the improvement of said potential condition in such sum as the Planning Board shall determine. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.

Accessibility to public storm sewers. Where a public storm sewer is accessible, the applicant shall install storm sewer facilities, or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of stormwater, subject to the specification of the Village Engineer.

Floodplain areas. The Planning Board may, when it deems it necessary for the health, safety or welfare of the present and future population of the area and necessary to the conservation of water, drainage and sanitary facilities, prohibit the subdivision of any portion of the property which lies within the floodplain of any stream or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading or dumping of earth, waste material or stumps, except at the discretion of the Planning Board.

Lot drainage. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.

Dedication of drainage easements.

General requirements. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and of such width and construction, or both, as will be adequate for the purpose. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.

Drainage easements.

Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements at least 20 feet in width for such drainage facilities shall be provided across the property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities.

When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.

The applicant shall dedicate, either in fee or by drainage or conservation easement of the land on both sides of existing watercourses to a distance to be determined by the Planning Board.

(d)

Low-lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainage ways.

Editor's Note: See also Ch. 115, Flood Damage Prevention.

§ 201-29 Water facilities.

Existing systems.

Where a public water main is accessible, the subdivider shall install adequate water facilities (including fire hydrants) subject to the specifications of the state or local authorities.

Water main extensions shall be approved upon consultation with the Village Engineer.

To facilitate the above, the location of all fire hydrants, all water supply improvements and the boundary lines of proposed districts, indicating all improvements proposed to be served, shall be shown on the preliminary plat, and a performance bond shall be furnished by the developer.

Individual wells and central water systems.

At the discretion of the Planning Board, if a public water system is not available, individual wells may be used or a central water system provided in such a manner that an adequate long-term supply of potable water will be available to every lot in the subdivision. Water samples shall be submitted to the Health Department for its approval, and individual wells and central water systems shall be approved by the appropriate health authorities. Orders of approval shall be submitted to the Planning Board.

If the Planning Board requires that a connection to a public water main be eventually provided as a condition to approval of an individual well or central water system, the applicant shall make arrangements for the future water service at the time the plat receives final approval. Performance or cash bonds may be required to ensure compliance.

§ 201-30 Sewerage facilities. [1]

General requirements.

The applicant shall install sanitary sewer facilities in a manner prescribed by Village construction standards and specifications. All plans shall be designed in accordance with the rules, regulation and standards of the Village, Health Department and other appropriate agencies. Plans shall be approved by the above agencies.

Where public sanitary sewerage systems are not yet reasonably accessible but the Planning Board determines that they may be in the future, the applicant may be required to choose one of the following alternatives:

Central sewerage system, the maintenance cost to be assessed against each property benefited. Where plans for future public sanitary sewerage systems exist, the applicant shall install the sewer lines, laterals and mains to be in permanent conformance with such plans and ready for connection to such public sewer mains; or

Individual disposal system, provided that the applicant shall install sanitary sewer lines, laterals and mains from the street curb to a point in the subdivision boundary where a future connection with the public sewer main shall be made. Sewer lines shall be laid from the house to the street line, and a connection shall be available in the home to connect from the individual disposal system to the sewer system when the public sewers become available. Such sewer systems shall be capped until ready for use and shall conform to all plans for installation of the public sewer system, where such exist, and shall be ready for connection to such public sewer main.

Mandatory connection to public sewer system. If a public sanitary sewer is accessible and a sanitary sewer is placed in a street or alley abutting upon property, the owner thereof shall be required to connect to said sewer for the purpose of disposing of waste, and it shall be unlawful for any such owner or occupant to maintain upon any such property an individual sewage disposal system.

Individual disposal system requirements. If public sewer facilities are not available and individual disposal systems are proposed, minimum lot areas shall conform to the requirements of Chapter 230, Zoning, and percolation tests and test holes shall be made as directed by the Health Department and the results submitted to the Health Department. The individual disposal system, including the size of the septic tanks and size of the tile fields or other secondary treatment device, shall also be approved by the Health Department.

Editor's Note: See also Ch. 180, Sewers and Water.

§ 201-31 Streets.

General requirements.

The arrangement, character, extent, width, grade and location of all streets shall conform to the Village Comprehensive Plan, as adopted, and shall be considered in relation to the proposed uses of the land to be served by such streets and shall permit efficient drainage and utility systems. Streets shall be designed to provide convenient and safe access to property.

Access.

No subdivision shall be approved unless the area to be subdivided shall have frontage suitable for access on and access from an existing street or unless such street is:

An existing state or Village road;

[2]

A street shown upon a plat approved by the Planning Board and recorded in the County Recorder of Deeds' office. Such street or highway must be suitably improved as required by the highway rules, regulations, specifications or orders or be secured by a performance bond required under these subdivision regulations, with the width and right-of-way required by these subdivision regulations.

Private roads may be permitted to provide joint access for up to five house lots or units, provided that the right-of-way meets Village standards (including a potential cul-de-sac) and that legal arrangements guarantee the permanent joint use and adequate maintenance of the road. The Village reserves the right to assess the property owners for maintenance in the event that this responsibility is neglected by property owners.

Street improvement plan. Street improvements shall conform to the provisions of these regulations, Village street construction standards and specifications and shall be approved as to design and specifications by the Village Engineer in accordance with the construction plans required to be submitted prior to final plat approval.

Topography. Grades of streets shall conform as closely as possible to the original topography. Streets shall be arranged so as to obtain as many as possible of the building sites at or above the grades of the streets. A combination of steep grades and curves shall be avoided. Right-of-way widths in excess of the standards designated in these regulations shall be required wherever, due to topography, additional width is necessary to provide adequate width slopes. Such slopes shall not be in excess of three to one.

(5)

Orientation for solar access. Streets, in general, should run in east-west directions to provide greater opportunity for energy conservation through maximum southern exposure of buildings. While east-west orientation of streets is encouraged, this guideline should allow flexibility to:

Follow topography;

Preserve national features; and

For design techniques, such as clustering, that are used to provide good orientation and access.

(6)

All thoroughfares shall be properly related: to special traffic generators, such as industries, business districts, schools, churches and shopping centers; to population densities; and to the pattern of existing and proposed land uses.

(7)

The rigid rectangular gridiron street pattern should be avoided, and the use of curvilinear streets, culs-de-sac or U-shaped streets shall be encouraged where such use will result in a more desirable layout. Minor streets should be designed to discourage use by through traffic.

(8)

Continuation of streets to adjacent property. Streets shall be arranged so as to provide for the continuation of principal streets between adjacent properties where such continuation is necessary for convenient movement of traffic, effective fire protection and efficient provision of utilities and where such continuation is in accordance with the Village Comprehensive Plan. However, this provision may be waived where, in the opinion of the Planning Board, such extension is not necessary or desirable for the coordination of the subdivision with the existing layout or the most advantageous future development of adjacent land. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way and improvements shall be extended to the property line. A temporary circular turnaround, a minimum of 50 feet in radius, shall be provided on all temporary dead-end streets, with the notation on the plat that land outside the street right-of-way shall revert to abutters whenever the street is continued.

(9)

In business and industrial developments, the streets and other accessways shall be planned in connection with the grouping of buildings and the provision of alleys, truck-loading and maneuvering areas and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian.

(10)

Permanent dead-end streets (culs-de-sac). Where a street does not extend to the boundary of the subdivision and its continuation is not needed for access to adjoining property, it shall be separated from such boundary by a distance of not less than 100 feet. Reserve strips of land shall not be left between the end of a proposed street and an adjacent piece of property; however, the Planning Board may require the reservation of a twenty-foot wide easement to accommodate pedestrian traffic or utilities. A circular turnaround with a minimum right-of-way radius of 50 feet shall be provided at the end of a permanent dead-end street. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length to 1,000 feet.

(11)

Sight distance.

Unless specifically waived by the Planning Board, minimum sight distances shall be provided in accordance with the following table, except that for downgrades in excess of 3%, the minimum stopping sight distance may be increased as determined by the Planning Board:

Traffic Speed (miles per hour)	Minimum Stopping Sight Distance (feet)
30	200
40	275
50	350
55	425

Stopping sight distance is measured from the driver's eye, 3 1/2 feet above the pavement, to the top of an object one foot high on the pavement.

(12)

Sight easements. Sight easements shall be provided across all street corners, outside the street corners, outside the street right-of-way, within the triangular area formed by the nearest edges of street pavement and a straight line between two points each 75 feet back from the theoretical intersection of the edges of such pavement prolonged. The easements shall provide that the holder of fee title to the abutting streets shall have the right to enter the easement area for the purpose of clearing, pruning or regrading so as to maintain a clear line of sight in either direction across such triangular area between an observer's eye 3 1/2 feet above the pavement surface on one street and an object one foot above the pavement surface on the other. The initial establishment of clear sight lines within the sight easement area shall be the responsibility of the subdivider. Fences, walls, hedges or other landscaping should not obstruct such visibility.

Design standards.

General. In order to provide for roads of suitable location, width and improvement to accommodate prospective traffic and afford satisfactory access to police, fire fighting, snow removal, sanitation and road maintenance equipment and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, the following design standards for roads are hereby required.

Street classification.

Arterials. This is the major street in the transportation hierarchy. Arterials link towns, Villages and cities; they also link municipalities to limited access highways.

A collector street is a street intended to move traffic from minor streets to arterials. Collector streets also link local areas within towns and Villages.

Minor streets are streets intended primarily to provide access to residences. Minor streets are not designed to carry through traffic.

Standards. The following standards shall be maintained for all streets:

Street Classification	Dead-End Residential Streets	Minor	Business	Collector
Minimum width of right-of-way (feet)	50	50	50	60
Minimum width of pavement (feet)	18	24	28	36
Minimum radius of horizontal curves (feet as measured from centerline)	80	100, except where excessive grades may be reduced to reasonable grades by shortening tangent	100	100
Minimum length of tangents between reverse curves (feet)	100	--	150	200
Maximum grade (%)	10	10	8	8
Minimum grade (%)	1	1	1	1
Minimum length of Vertical Curves (feet)		100, but not less than 20 feet for each 1% algebraic difference in grade	--	--

Improvements.

Streets shall be graded and improved with pavement, street signs, sidewalks, streetlighting standards, curbs, gutters, trees, water mains, sanitary sewers, storm drains and fire hydrants, except where the Planning Board may waive, subject to the appropriate conditions, such improvements as it considers are not requisite in the interest of public health, safety and general welfare.

Underground utilities required by the Planning Board shall be placed outside the paved roadway to simplify location and repair of the lines, and the subdivider shall install underground service connections to the property line of each lot before the street is paved.

Grading and improvements shall conform to the Village Road Specifications and shall be approved as to design and specifications by the Village Engineer and by the state where they are concerned.[1]

Editor's Note: The Road Specifications are on file in the Village offices.

All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications adopted by the Village and shall be incorporated into the construction plans required to be submitted by the developer for plat approval.

Intersections.

Streets shall be laid out so as to intersect as nearly as possible at right angles. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom.

Intersections of major streets by other streets shall be at least 800 feet apart, if possible. Cross-street (four cornered) intersections shall be avoided, except at important traffic intersections. A distance of at least 150 feet shall be maintained between offset intersections. All street intersection corners shall be rounded by curves of at least 25 feet in radius at the property line.

Proposed new intersections along one side of an existing street shall, whenever practicable, coincide with any existing intersections on the opposite side of such street. Where streets intersect major streets, their alignment shall be continuous.

In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having no greater slope than 1 1/2% rate at a distance of 60 feet measured from the nearest right-of-way line of the intersecting street.

Marginal access road.

In order to maintain the flow and circulation of traffic along roadways, provide improved access to commercial, industrial and residential developments located on or adjacent to roadways, prevent a proliferation of turning movements and segregate local traffic from higher speed through traffic, the Planning Board, where appropriate, may require the construction of a marginal access road along an existing or proposed road.

The Planning Board, where appropriate, shall:

Approve the number, spacing and location of any entrances and exit(s) from the property under review.

Require the interconnection of parking areas and land uses via access drives within and between adjacent lots.

Require that land uses adjacent to or integrated in a shopping center or cluster of commercial or other facilities shall use common access drives with other establishments in that center or cluster.

The Planning Board may grant conditional approval which would allow direct access to the road until such time as the access drive is improved and available. At which time, the direct access to the road would be eliminated.

The Planning Board shall require written assurance and/or deed restrictions, satisfactory to the Village Attorney, binding the owner and his or her heirs and assignees to permit and maintain such internal access and circulation and inter-use of parking facilities.

Sidewalks; general requirements.

Sidewalks shall be included within the dedicated nonpavement right-of-way of all roads as determined by the Planning Board.

Curbs are required for all roads where sidewalks are required by these regulations or where required in the discretion of the Planning Board.

Sidewalks shall be improved as required in Village regulations and these regulations. Whenever practicable, a median strip of grassed or landscaped areas at least two feet wide shall separate all sidewalks from adjacent curbs.

Pedestrian easements. The Planning Board may require, in order to facilitate pedestrian access from the roads to schools, parks, playgrounds or other nearby roads, perpetual unobstructed easements at least 20 feet in width. Easements shall be indicated on the plat.

Access. In recognition of the mobility needs of all residents, the Planning Board, at its option, may require that the following provisions be met in areas that are intended for public use, such as but not limited to parks, commercial establishments and community facilities:

Sidewalks. Pedestrian ramps should be provided whenever walks cross streets, parking lots or driveways to preclude abrupt changes in level. Where constructed, the grade level, width and length of ramps shall be approved by the Village Engineer.

Access to buildings. A safe and convenient means of pedestrian access from a vehicular unloading area and from parking areas without intervening stairs or steps should be provided.

Bridges. Bridges of primary benefit to the applicant, as determined by the Planning Board, shall be constructed at the full expense of the applicant without reimbursement from the Village. The sharing expense for the construction of bridges not of primary benefit to the applicant as determined by the Planning Board, will be fixed by special agreement between the Village and the applicant. Said cost shall be charged to the applicant pro rata as the percentage of his or her land developed and so served.

Shade trees.

As a requirement of subdivision approval, the applicant may be required to plant shade trees on the property of the subdivision. Such trees are to be planted within five feet of the right-of-way of the road or roads within and abutting the subdivision or, at the discretion of the Planning Board, within the right-of-way of such roads. One tree shall be planted for every 40 feet of frontage along each road, unless the Planning Board shall grant a waiver. Such waiver shall be granted only if there are trees growing along such right-of-way or on the abutting property which, in the opinion of the Planning Board, comply with these regulations.

The impact of street trees on the solar access of the surrounding property shall be minimized to the greatest possible extent in selecting and locating shade trees. Every effort shall be made to avoid shading possible locations of solar collectors. These street tree standards may be waived when they have a negative effect on solar access.

New trees to be provided pursuant to these regulations shall be reviewed by the Shade Tree Commission and approved by the Planning Board. Such trees shall have a minimum of not less than 1 1/2 inches diameter at breast height. Oak, Honey Locust, Hard Maples, Ginkgo or other long-lived shade trees acceptable to the Planning Board shall be planted.