[HISTORY: Adopted by the Board of Trustees of the Village of Newark
Valley 3-16-1992 by L.L. No. 2-1992. Amendments
noted where applicable.]
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:
A person designated by the Board of Trustees to make the determinations
required in this chapter.[1]
A subdivider, or his or her agent, who shall lay out, propose, contract
or perform the development of subdivided land, either immediate or future.
Written authorization by a property owner for use by another party
and for a specified purpose of any designated part of his property.
When required, shall include but not be limited to the following:
streets, water and sewer lines, drainage facilities, public utilities and
land grading.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
MINOR STREETA street which is used to provide access to abutting land, primarily of residential character.
CLUSTER STREET (DEAD-END or CUL-DE-SAC)A street or portion of a street with only one vehicular traffic outlet and a turnaround at the opposite end.
The wearing or exposed surface of the roadway or street used by vehicular
traffic.
The width of right-of-way, measured at right angles to the canter
line of the street.
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.
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.
MAJOR SUBDIVISIONAny subdivision of land not classified by the Village Board of Appeals as minor subdivision.
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[2] or Zoning Law, if such exists, or these regulations.
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.
A person licensed as a land surveyor by the State of New York.
The Village Board of Appeals of the Village of Newark Valley, New
York.
A person designated by the Village Board of Trustees to make the
determinations required to be made by an engineer under this chapter.
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.[3]
A form of security required to guarantee all work performed and materials
furnished against defect, failure, inadequacy or breakage.
A.
Whenever any subdivision of land is proposed to be made
and before any sale of any lots in such subdivision or any part thereof is
made and before any permit for the erection of a structure in such proposed
subdivision shall be granted or any existing permit used, the subdivider or
his duly authorized agent shall apply, in writing, for approval of such proposed
subdivision in accordance with the following procedures.
B.
Where it is determined that significant environmental
impact would result from a subdivision of land and an application for final
plat or subdivision approval is pending, the underlying statutory time period
for granting or denying a subdivision does not begin to run until the SEQR
process is complete.
A.
Prior to developing plans or submitting sketch plans
of a subdivision for approval, the subdivider may discuss with the Village
Board of Appeals the scope and extent of the proposed subdivision. The purpose
of such a meeting is to afford the subdivider an opportunity to consult informally
at an early stage with the Village Board of Appeals to conserve time and expense
for the subdivider and to create opportunity for achievement of a desirable
subdivision in the public interest.
A.
Submission of sketch plan.
(1)
Any owner of land shall, prior to subdividing or resubdividing land, submit to the Village Clerk-Treasurer, at least 12 days prior to a regular meeting of the Village Board of Appeals, six copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 144-20, for the purposes of classification and preliminary discussion.
(2)
All sketch plan submissions shall be accompanied by a
filing fee as adopted by the Board of Trustees of the Village of Newark Valley
by resolution.
B.
Discussion of requirements. The subdivider or his duly
authorized representative shall attend the meeting of the Village Board of
Appeals to discuss the requirements of these regulations for street improvements,
drainage, sewerage, water supply, fire protection, environmental impact, and
similar aspects, as well as the availability of existing services and other
pertinent information as determined by the Village Board of Appeals.
C.
Study of sketch plan. The Village Board of Appeals shall
determine whether the sketch plan meets the purposes and requirements of these
regulations and shall, where it deems it necessary, make specific recommendations,
in writing, to be incorporated by the applicant in the next submission to
the Village Board of Appeals.
D.
Classification. Classification of the sketch plan is to be made by the Village Board of Appeals as to whether it is a minor or major subdivision as defined in § 144-2. The Village Board of Appeals may require, however, when it deems necessary for the protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for a major subdivision. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 144-6 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 144-7 through 144-11D, 144-11G and 144-12.
A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Village Board of Appeals, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Village Board of Appeals for reclassification. The plat shall conform to the layout shown on the sketch plan with the addition of any and all recommendations made by the Village Board of Appeals. Said application shall also conform to the requirements listed in § 144-21.
(2)
All applications for plat approval for minor subdivisions
shall be accompanied by a filing fee as adopted by the Board of Trustees of
the Village of Newark Valley by resolution.
B.
Number of copies. Six copies of the subdivision plat
shall be presented to the Village Clerk-Treasurer at least 12 days prior to
a regular meeting of the Village Board of Appeals.
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Village Board of Appeals, at least 12 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § 144-21 of these regulations, has been filed with the Village Clerk-Treasurer.
D.
Endorsement of state and county agencies. Water and sewer
facility proposals contained in the subdivision plat shall be properly endorsed
and approved by the Village Board of Appeals and the Tioga County Health Department.
Applications for approval of plans for sewer or water facilities will be filed
by the subdivider with all necessary Village, town, county and state agencies.[1]
E.
Subdivider to attend Village Board of Appeals meeting.
The subdivider or his duly authorized representative shall attend the meeting
of the Village Board of Appeals to discuss the subdivision plat.
H.
Failure to act on proposed subdivision plat. Failure
of the Village Board of Appeals to act on a proposed subdivision plat within
the time prescribed therefor shall be deemed approval of the plat, and the
certificate of the Village Clerk-Treasurer as to the date of the submission
of the plat or the proposed development thereof for approval and the failure
to take action thereon within such time shall be issued on demand and shall
be sufficient in lieu of the written endorsement or other evidence of approval
herein required.[4]
I.
Determination of major/minor subdivisions. After a parcel
of land has been subdivided into four lots through minor subdivisions (initial
lot, plus three new lots including any minor subdivisions approved by the
Village since 1964), any subsequent subdivision of the same parcel may be
classified by the Village Board of Appeals as a major subdivision and, if
so, shall require preliminary plat and final plat approval and submission
of all data required for such approval.
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the conditional approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "Preliminary Plat" and shall be in the form described in § 144-22 hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 7-728 and 7-730 of the Village Law and § 144-22 of these regulations, except where a waiver has been specifically authorized by the Village Board of Appeals.
(2)
The application for approval of the preliminary plat
shall be accompanied by a filing fee as adopted by the Board of Trustees of
the Village of Newark Valley by resolution, plus an amount established by
resolution of the Village Board per lot, for each lot in the proposed subdivision.
B.
Number of copies. Six copies of the preliminary plat
shall be presented to the Village Clerk-Treasurer at least 12 days prior to
a regular monthly meeting of the Village Board of Appeals.
C.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Village Board of Appeals, at least 12 days prior to which the application for conditional approval of the preliminary plat is complete and accompanied by the data required by § 144-22 of these regulations and by the required fee and has been filed with the Village Clerk-Treasurer.
D.
Subdivider to attend Village Board of Appeals meeting.
The subdivider or his duly authorized representative shall attend the meeting
of the Village Board of Appeals to discuss the preliminary plat.
E.
Study of preliminary plat. The Village Board of Appeals
shall study the practicability of the preliminary plat, taking into consideration
the requirements of the community and the best use of the land being subdivided.
Particular attention shall be given to:
I.
Conditional approval.
(1)
When granting conditional approval to a preliminary plat,
the Village Board of Appeals shall state the conditions of such approval,
if any, with respect to the specific changes which it will require in the
preliminary plat, the character and extent of the required improvements for
which waivers have been requested and which, in its opinion, may be waived
without jeopardy to the public health, safety, morals and general welfare
and the amount of improvement or the amount of all bonds therefor which it
will require as prerequisite to the approval of the final plat. Such conditions
shall include the time in which final approval must be obtained, and in no
event shall it be more than five years. If such condition is not met, the
conditional approval will be deemed to be void and of no further force and
effect.
(2)
The action of the Village Board of Appeals, plus any
conditions attached thereto, shall be noted on three copies of the preliminary
plat. One copy shall be returned to the subdivider, one retained by the Village
Board of Appeals and one forwarded to the Board of Trustees.
(3)
Conditional approval of a preliminary plat shall not
constitute approval of the final plat, but rather it shall be deemed an expression
of approval of the design submitted on the preliminary plat as a guide to
the preparation of the final plat, which will be submitted for approval by
the Village Board of Appeals and for recording upon fulfillment of the requirements
of these regulations and the conditions of the conditional approval, if any.
(4)
Prior to approval of the final plat, the Village Board
of Appeals may require additional changes as a result of further study of
the subdivision in final form.
A.
Application and fee.
(1)
The subdivider shall, within six months after the conditional
approval of the preliminary plat, file with the Village Board of Appeals an
application for approval of the subdivision plat in final form. All applications
for final plat approval for major subdivisions shall be accompanied by a filing
fee as adopted by the Board of Trustees of the Village of Newark Valley by
resolution.
(2)
If the final plat is not submitted within six months
after the conditional approval of the preliminary plat, the Village Board
of Appeals may refuse to approve the final plat and may require resubmission
of the preliminary plat.
B.
Number of copies. A subdivider intending to submit a
proposed final plat for the approval of the Village Board of Appeals shall
provide the Village Clerk-Treasurer with a copy of the application and six
copies of the plat, at least one of which shall be on linen or Mylar, the
original and one true copy of all offers of cession, covenants and agreements
and two prints of all construction drawings at least 12 days in advance of
the regular monthly Village Board of Appeals meeting at which it is to be
officially submitted.
C.
When officially submitted. The time of submission of the final plat shall be considered to be the date of the regular monthly meeting of the Village Board of Appeals, at least 12 days prior to which the application for approval of the final plat, complete and accompanied by the required fee and all data required by § 144-23 of these regulations, has been filed with the Village Clerk-Treasurer.
D.
Endorsement of state and county agencies. Water and sewer
facility proposals contained in the final plat shall be properly endorsed
and approved by the Village Board of Appeals and the Tioga County Health Department.
Applications for approval of plans for sewer or water facilities will be filed
by the subdivider with all necessary Village, town, county and state agencies.
Endorsement and approval by the Tioga County Health Department shall be secured
by the subdivider before official submission of the final plat.
E.
Subdivider to attend Village Board of Appeals meeting.
The subdivider or his duly authorized representative shall attend the meeting
of the Village Board of Appeals to discuss the final plat.
H.
Failure to act on proposed final plat. Failure of the
Village Board of Appeals to act on a proposed final subdivision plat within
the time prescribed therefor shall be deemed approval of the plat, and the
certificate of the Village Clerk-Treasurer as to the date of the submission
of the plat or the proposed development thereof for approval and the failure
to take action thereon within such time shall be issued on demand and shall
be sufficient in lieu of the written endorsement or other evidence of approval
herein required.[3]
A.
Estimate. Before the Village Board of Appeals approves
the final subdivision plat, the subdivider's licensed professional engineer
shall submit a preliminary estimate of the cost of improvements. This shall
be itemized in detail and shall consist of five major sections:
B.
This shall be submitted to the Village Engineer, together
with a copy of the final subdivision plat. The estimate shall include the
following items:
(1)
Construction costs.
(2)
Construction cost increases.
(3)
Contingencies: 10%.
(4)
Survey monuments and necessary stakeout.
(5)
An as-built map (record plan).
(6)
Street signs.
(7)
An owner's guaranty: 5%.
(8)
Inspection (developer's engineer).
(9)
The project fee for engineering review (office and field).
(10)
Landscaping (where applicable).
(11)
Road maintenance program cost.
(12)
Temporary construction.
(13)
Such other items as the Village Board of Appeals may
require.
C.
Letter of credit. In an amount set by the Village Board
of Trustees, the subdivider shall file with the Village Clerk-Treasurer a
letter of credit. The letter of credit shall be written so as to comply with
the terms and conditions specified by the Village. Such letter of credit shall
be issued by a bank or by the owner/subdivider, with security acceptable to
the Village Board of Trustees, and shall be approved by the Village Board
and the Village Attorney as to form, sufficiency and manner of execution.
D.
Additional conditions.
(1)
The letter of credit shall be so written to allow the
Village to draw from the funds to perform any and all work if the subdivider
does not diligently, systematically and expeditiously perform the work.
(2)
If the subdivider fails to perform in accordance with
the Village standards and specifications or the site plan, then the Village
shall give written notice of such failure, and the subdivider shall have a
reasonable time, not to exceed 15 days, to properly perform as provided for
in such notice. Failure of the subdivider to so correct and perform the work
within such reasonable time, in no event to exceed 15 days from receipt of
such notice, authorizes the Village to perform and properly complete such
items contained in such notice forthwith and to be reimbursed for the cost
thereof under the letter of credit of the subdivider to the Village in place
and instead of the subdivider, as if the funds under such letter of credit
were advanced to the subdivider. The subdivider will provide for such authority
in the letter of credit that is issued to the Village under this project.
E.
Review and inspection fees.
(1)
The letter of credit shall expressly direct the bank
issuing said letter of credit to pay such portion of the project fee for engineering
review to the Village as the Village indicates is due for review and inspections,
at such times and in such amounts as the Village so states.
(2)
All engineering services related to the construction
stage that have not been paid from the letter of credit shall be charged directly
to the subdivider, and the plat shall not be signed by the Village Board of
Appeals until such charges have been paid to the Village.
A.
Estimate of work performed. At such times as the subdivider
and his contractor wish to have funds released to cover work performed, the
subdivider's licensed professional engineer shall prepare an estimate of the
work performed as of that date. The estimate shall use the same format and
item breakdown as required above for the preliminary estimate of cost of improvements.
The licensed professional engineer shall certify that the quantity of items
indicated in the estimate have, in fact, been installed as determined by his
own measurements. The estimate shall be approved by the Village Engineer prior
to release of funds.
B.
Retention of funds.
(1)
To these periodic estimates, the subdivider's engineer
shall make a deduction of 10%, retained to cover such items as the cost of
cleanup, minor adjustments to manhole tops and site restoration.
(2)
The Village Engineer will review the project at two-week
intervals to determine the percentage of work completed and the amount of
funds to be released.
C.
Release of funds. The Village shall release from the
letter of credit, upon satisfactory and approved installation of the sanitary
and storm sewers, 60% of the money allocated for these items in the letter
of credit. After approved lamping, testing, cleaning and sealing of manholes,
an additional 40% of the money set aside shall be released. Testing and lamping
of sewers may not be done until the completion of rough road boxing but shall
be done prior to the placement of road materials. Any pipe repair work must
be done in an approved manner by using acceptable patented repair sleeves
or by removing and replacing damaged pipe. Repairs to sanitary sewers by using
concrete patches or other inferior workmanship will not be permitted.
D.
Contingency funds. The contingency item (10%) is intended
to cover unforeseen costs from any extras or changes in quantities or types
of materials used on the project. The contingency amount can be used at the
Village's discretion to reimburse the inspection account or cover the cost
of overruns that occur on the project.
E.
Owner's guaranty.
(1)
The owner's guaranty (5%) assures the Village of funds
to cover the legal and engineering costs or other costs incurred from the
transfer of the contract to another contractor for completion.
(2)
This combined amount (15%) also constitutes a control
figure which guarantees that certain items are completed, which include survey
monuments in place, as-built maps delivered, warranty bond established and
final inspection completed, and major acceptance by the Village of public
improvements has been made.
A.
Term of warranty. The subdivider shall warrant all work
performed and materials furnished against defect, failure, inadequacy or breakage
for a period of two years from the date of final acceptance of the work by
the Village. Money for warranty shall be deposited with the Village prior
to the acceptance of the work. In the event of such defect, failure, inadequacy
or breakage during said warranty period, the subdivider shall commence to
make the necessary repairs or replacements within five days of the mailing
of written notice by the Village and shall complete the necessary repairs
and replacements within 10 days or the time period specified by the Village.
B.
Amount of warranty bond required. The amount of warranty
bond required shall be as follows:
|
Project Construction Cost
|
Amount of Warranty Bond as a
Percentage of the Construction Cost
| |
|---|---|---|
|
$0 to $99,999
|
50%
| |
|
$100,000 to 499,999
|
25%
| |
|
Over $500,000
|
15%
|
C.
Compliance guaranty. Should the developer fail, neglect
or refuse to so comply within the specified time, the Village may make the
necessary repairs or replacements for the account of the developer and deduct
all costs therefor from the moneys or securities being held by the Village
to ensure compliance during the warranty period.
D.
Release of warranty. It shall be the subdivider's responsibility
to notify the Village 45 days prior to the expiration of the warranty period.
The Village will make a major inspection and establish a punch list of work
to be corrected as part of the warranty. The subdivider shall make necessary
repairs prior to the expiration of the warranty period, or the Village Board
may extend the warranty period for a six-month increment or may take the security
and do the work itself.
E.
Default on previously approved plat. No plat shall be
approved by the Village Board of Appeals as long as the subdivider is in default
on a previously approved plat.
F.
Issuance of permits. No building/land use or special
permit shall be issued by the Village until and unless a letter of credit
of an amount and in a form satisfactory to the Village Attorney and the Engineer
has been established and until all easements have been approved by the Village
Attorney and the Engineer and filed and recorded.
G.
Filing of approved final subdivision plat.
(1)
Final approval. Upon completion of the requirements in §§ 144-8 and 144-9 above, the Village Board of Appeals shall mark the final plat "approved," and it shall then be properly signed by the Chairman of the Village Board of Appeals and shall be filed by the applicant in the office of the County Clerk. In addition, the developer shall file with the Village Clerk-Treasurer a final plat on linen or Mylar.
(3)
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after approval
has been given by the Village Board of Appeals and signed by the Chairman
of the Village Board of Appeals on the plat, unless said plat is first resubmitted
to the Village Board of Appeals and said modifications are approved by the
Village Board of Appeals. In the event that any such final subdivision plat
is altered and recorded without complying with this requirement, the same
shall be considered null and void, and the Board shall institute proceedings
to have the plat stricken from the records of the County Clerk.
A.
Public acceptance of streets. The approval by the Village
Board of Appeals of a subdivision plat shall not be deemed to constitute or
be evidence of any acceptance by the Village of any street, easement or other
open space shown on such subdivision plat.
B.
Ownership and maintenance of recreation areas. When a
park, playground, or other recreation area shall have been shown on a plat,
the approval of said plat shall not constitute an acceptance by the Village
of such area. The Village Board of Appeals shall require the plat to be endorsed
with appropriate notes to this effect. The Village Board of Appeals shall
also require the filing of a written agreement between the applicant and the
Board of Trustees covering future deed(s) and title, dedication and provision
for the cost of grading, development, equipment, maintenance and liability
of any such recreation area.
C.
Applicability of § 7-738 of the Village Law.
Pursuant to resolution of the Board of Trustees, the Village Board of Appeals
is empowered to modify applicable provisions of the Village Building Code[1] or Zoning Law, if such exists, in accordance with the provisions
of § 7-738 of the Village Law for the purpose of enabling and encouraging
flexibility of design and development of land in such a manner as to:
D.
Request of subdivider. A subdivider may request the use of § 7-738 of the Village Law simultaneously with or subsequent to presentation of the sketch plan, as per the procedure described in § 144-5. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plan review.
E.
Sketch plan. A subdivider shall present, along with a
proposal in accordance with the provisions of § 7-738 of the Village
Law, a standard sketch plan which is consistent with all the criteria established
by these subdivision regulations, including streets being consistent with
the street specifications and lots being consistent with the Village Building
Code or Zoning Law, if such exists.
F.
Purposes. This procedure shall be applicable only to
lands zoned for residential purposes, and its application shall result in
a permitted number of dwelling units which shall in no case exceed the number
which could be permitted, in the Village Board of Appeals's judgment, if the
land were subdivided into lots conforming to the minimum lot size and density
requirements of the Village Building Code or Zoning Law, if such exists, applicable
to the district or districts in which such land is situated and conforming
to all other applicable requirements.
G.
Structures allowed. The dwelling units permitted may
be, at the discretion of the Village Board of Appeals, in detached, semidetached,
attached, or multistory structures.
H.
Park, recreation, open space or other municipal purposes.
If the application of this procedure results in a plat showing land available
for park, recreation, open space or other municipal purposes directly related
to the plat, then conditions as to ownership, use and maintenance of such
lands as are necessary to assure the preservation of such lands for their
intended purposes shall be set forth by the Village Board of Appeals.
I.
Plat submission. Upon determination that such sketch
plan is suitable for the procedures under § 7-738 of the Village
Law, a preliminary plat meeting all of the requirements of the Village Board
of Appeals shall be presented to the Village Board of Appeals, and thereafter
the Village Board of Appeals shall proceed with the required public hearings
and all other requirements of these regulations.
J.
Filing; notation on Zoning Map (if such exists). On the
filing of a plat in the office of the Tioga County Clerk in which § 7-738
of the Village Law has been used, the subdivider shall file a copy with the
Village Clerk-Treasurer, who shall make appropriate notations and reference
thereto on the Village Zoning Map. The Clerk-Treasurer will notify the Code
Enforcement Officer or the Zoning Officer when such a plat is filed.
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.
A.
Introduction. Streets, sidewalks and pathways are important
to the developer because they can substantially affect the cost of land development.
They are important to the community because they must be maintained in perpetuity.
Both capital cost and maintenance costs can be reduced if streets are economically
designed and constructed, and this is true not only of the pavement but also
of the utilities, such as water mains and sewers, which usually follow the
length and configuration of the streets.
B.
Arrangement.
(1)
Street systems shall be designed with due regard for
the needs for convenient traffic access and circulation, traffic control and
safety, access for fire-fighting, snow removal and street maintenance equipment
and stormwater drainage and sewage disposal. Streets shall be designed to
accommodate the prospective traffic and so arranged as to separate through
traffic from neighborhood traffic insofar as it is practicable.
(2)
The streets in contiguous subdivisions shall be coordinated
so as to compose a convenient system, to include construction or extension,
presently or when later required, of needed utilities and public services
such as sewers and water and drainage facilities.
(3)
Where a subdivision adjoins undeveloped land, its streets
shall be laid out so as to provide suitable future street connections with
the adjoining land when the latter shall be developed. A street thus temporarily
dead-ended shall be constructed to the property line and shall be provided
with a temporary turnaround of the same dimensions as for permanent dead-end
streets if in excess of 200 feet, with a notation on the construction plat
providing for temporary easements for the turnaround until such time as the
street is extended. These same requirements shall apply at the discretion
of the Village Board of Appeals in those cases where the adjoining land is
another section of the same subdivision and which is not scheduled for development
at the same time.
(4)
Streets shall be logically related to the topography,
and all streets shall be arranged so as to allow as many as possible of the
building sites at or above the grades of the streets. Grades of streets shall
conform as closely as possible to the original topography. A combination of
steep grades and sharp curves shall be avoided.
(5)
Where a subdivision abuts on or contains an existing
or proposed arterial street or other existing Village, town, county or state
highway, the Village may require marginal access streets, reverse frontage
with screen planting contained in a nonaccess reservation along
the rear property line, deep lots with or without rear service alleys or such
other treatment as may be necessary for adequate protection of residential
properties and to afford separation of through and local traffic.
(6)
Subdivisions containing 20 or more lots shall have at
least two street connections with existing public streets or streets on an
approved subdivision plat.
(7)
Reserve strips of land shall not be left between the
end of a proposed street and an adjacent piece of property.
(8)
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 sufficient to accommodate
a lot meeting the requirements of the Village Building Code[1] or Zoning Law, if such exists. However, the Village Board of Appeals
may require the reservation of a twenty-foot-wide easement for pedestrian
or bicycle traffic or for utilities to such adjoining property.
C.
Street types.
(1)
Cluster streets (culs-de-sac; dead-end streets). Cluster
streets provide circular vehicular access from one end, terminating in a circular
or T turnaround. They are relatively narrow and not more than 600 feet long
or six times the minimum lot frontage for the zoning district (measured to
the center point of the circular or T turnaround).
(2)
Minor streets. Minor streets provide vehicular access
from both directions, connecting to other minor streets and/or collector streets.
Minor streets should not be used for through traffic; this may be accomplished
by curvilinear street designs, one-way traffic and/or rigid speed limits.
(3)
Collector streets. Collector streets serve to channel
the flow of traffic from cluster and minor streets leading to the commercial,
industrial or activity centers of the Village. Individual residential driveways
are prohibited along collector streets.
(4)
Arterial streets. Arterial streets are state highways
which traverse the Village.
(5)
Private roads and drives. Private roads and drives are
those in which ownership is retained by the property owner(s). They must provide
for adequate access and traffic circulation, drainage, maintenance and the
ability to support expected traffic loads.
(6)
Service streets or loading space. Service streets or
loading space provides rear access for commercial use.
(7)
Half streets. Half streets are areas of land reserved
for future development of a street, of which only half the required width
for the proposed street is located in the subdivision (along a boundary of
the subdivision). They are deemed essential to the reasonable development
of the subdivision in conformity with the other requirements of these regulations,
and the dedication of the other half will be required when the adjoining property
is subdivided.
E.
Watercourses.
(1)
Where a watercourse separates a proposed street from
abutting property, provision may be made for access to all lots by means of
culverts or other structures of design approved by the Village Engineer.
(2)
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a stormwater easement or drainage
right-of-way as required by the Village Engineer, and in no case less than
20 feet in width.
F.
Improvements.
(1)
In addition to the required improvements specifically
referred to elsewhere in these regulations, plats shall provide for all other
customary elements of street construction and utility service which may be
appropriate in each locality as determined by the Village Board of Appeals.
Such elements may include, but shall not be limited to, street pavement, signs,
trees, gutters, stormwater, inlets, manholes, curbs, sidewalks, streetlighting
standards, water mains, fire hydrants, fire alarm signal devices and sanitary
sewers.
(2)
All street improvements and other construction features
of the subdivision shall conform to Village specifications which may be established
from time to time and shall be subject to approval as to design, specifications
and construction by the Village Engineer.
(3)
Pedestrian and bicycle easements shall be provided and
improved as required by the Village Board of Appeals.
(4)
Proposed names of all streets shall be provided, but
such names shall be subject to review by the Village Board of Appeals and
approval by the Board of Trustees. Names shall be sufficiently different in
sound and spelling from other street names in the county so as not to cause
confusion. A street which is a continuation of an existing street shall bear
the same name. Generally, no street should change direction by more than 90°
without a change in street name. Relating street names to features of local
historical, topographical or other natural interest is encouraged.
(5)
Concrete sidewalks shall be provided in any locations
where they are deemed by the Village Board of Appeals to be appropriate and
in the interest of public safety or convenience.
(6)
The developer shall take adequate measures to preserve
desirable existing trees in suitable locations within the development. In
general, the street right-of-way shall be cleared of existing trees, but occasional
existing trees of unusual value may be preserved within the street right-of-way
if approved by the Village Board.
(7)
Streetlighting facilities shall be in conformance with
the lighting system of the Village. Such lighting standards and fixtures shall
be installed after approval by the appropriate power company and the authorized
Village electrical inspector.
H.
Utilities. Utilities shall be constructed to comply with
the Village standard specifications.
A.
Sizes and configuration.
(1)
Minimum size. Lot sizes, unless modified in subdivision
review, must be in conformance with minimum lot sizes specified by Village
specifications. Minimum lot size shall also conform to County Health Department
regulations where no public sewer is available. In the case of any conflict
between the Village specifications and the county health requirements, the
higher standard shall apply.
(2)
Corner lots. In general, corner lots should be larger
than interior lots to provide for proper building setback from each street
and to provide a desirable building site.
(3)
Resubdivision. Where a tract is subdivided into lots
substantially larger than the minimum size required in the zoning district
in which a subdivision is located, the Village Board of Appeals may require
that streets and lots be laid out so as to permit future resubdivision in
accordance with the requirements contained in these regulations.
(4)
Block size. Blocks generally shall not be less than 400
feet nor more than 1,200 feet in length. In general, no block width shall
be less than twice the normal lot depth. In blocks exceeding 800 feet in length,
the Village Board of Appeals may require the reservation of a twenty-foot-wide
easement through the block to provide for the crossing of underground utilities
and pedestrian and bicycle traffic where needed or desirable and may further
specify, at its discretion, that a six-foot-wide paved footpath be included.
(5)
Side lines. All side lines of lots shall be approximately
at right angles to straight street lines and radial to curved street lines,
unless a variance from this rule will give a better street or lot plan.
B.
Access.
(1)
Driveway access. Driveway access and grades shall conform
to specifications of the Village Board of Appeals. Driveway grades between
the street and the setback line shall not exceed 10%.
(2)
Private street access. Access from private streets shall
be deemed acceptable only if such streets are designed and improved in accordance
with these regulations.
C.
Lots to be buildable. The lot arrangement shall be such
that in constructing a building in compliance with the Village Building Code[2] or Zoning Law, if such exists, there will be no foreseeable difficulties
for reasons of topography or other natural conditions. Lots should not be
of such depth as to encourage the later creation of a second building lot
at the front or rear.
D.
Monuments, bench marks and lot corner markers. Permanent
monuments and one or more bench marks meeting specifications approved by the
Village Engineer as to size, type and installation shall be set at block corners,
angle points, points of curves in streets and other points as the Village
Engineer may require, and their location shall be shown on the subdivision
plat.
E.
Natural features and preservation.
(1)
The Village Board of Appeals shall, whenever possible,
require the preservation of all natural features which add value to residential
developments and to the community, such as large trees or groves, watercourses,
historic spots, vistas and similar irreplaceable assets.
(2)
Existing trees. No tree with a diameter of six inches
or more as measured three feet above the base of the trunk shall be removed
unless such tree is within the right-of-way of a street as shown on the final
subdivision plat. Removal of additional trees shall be subject to the approval
of the Village, except for dead or diseased trees. In no case, however, shall
a tree with a diameter of six inches or more as measured three feet above
the base of the trunk be removed without prior approval of the Village Board.
(3)
Shade trees. The Village Board of Appeals shall require
on all new streets one hardwood shade tree with a diameter of at least 1 1/2
inches to be planted at least six feet from the street right-of-way and any
sidewalk easement on the owner's side on each lot and at intervals of not
more than 100 feet along both sides of said street.
F.
Erosion prevention.
[Amended 10-3-1994 by L.L. No. 1-1994]
(1)
In order to ensure that the surrounding land and watercourses
will not be subject to siltation or erosion, the Village shall require the
developer to follow certain erosion control practices as it deems necessary.
The developer shall take steps to prevent erosion of topsoil and subsoil from
all areas, whether inside or outside the subdivision. Such steps shall include,
but not be limited to:
(a)
Provision for adequate drainage facilities to accommodate
effectively the increased runoff caused by changed soil and surface conditions
during and after development, including installing and maintaining temporary
sedimentation basins at the point or points of stormwater discharge from the
property. The developer's engineer shall show, as part of its submitted plans,
the interceptor swales and sedimentation basins along the lower edges of all
developments. Significant topographic data and design grades for the swales
shall be shown on the plans.
(b)
The fitting of the development plan to the topography
and soils so as to minimize the erosion potential in areas affected by the
subdivision.
(c)
Retention and protection of natural vegetation wherever
possible.
(d)
Seeding or sodding or the use of anti-erosion mats or
spreading straw on denuded areas of soil.
G.
Stream protection. All streams designated on the Village of Newark Valley Official Map which are located within or immediately adjacent to an improvement or a subdivision shall be protected by the subdivider. All channels and waterways must have erosion control carried out in accordance with Subsection F above.
H.
Reserve strips prohibited. Reserve strips of land which
might be used to control access from the proposed subdivision to any neighboring
property, or to any land within the subdivision itself, shall be prohibited.
A.
Removal of spring, surface, and subsurface water. All
subdivision plans shall be related to the natural drainage pattern, with proper
provision to be made for adequate storm drainage facilities, retention facilities,
or both. The subdivider shall be required to carry away by pipe or open ditch
(as determined by the Village Board of Appeals) any spring, surface or subsurface
water not retained. Such drainage facilities shall be located in the street
right-of-way, where feasible, or in perpetual unobstructed easements of appropriate
width.
B.
Drainage design. Drainage design shall accommodate potential
development upstream. In general, the preservation of natural watercourses
is preferable to the construction of drainage channels, and wherever practicable
such natural watercourses should be preserved. Attention is called to the
possibilities of using easements for natural watercourses to satisfy the open
space requirements of developments under the Village Building Code[1] or Zoning Law, if such exists. Storm sewers, subdivision drainage facilities and open watercourses shall be based upon § 140-13 of Article II, Chapter 140, Streets and Sidewalks.
C.
Storm drainage.
(1)
Particular attention should be given to storm drainage
facilities. These facilities shall be designed to take the runoff from streets,
lawns, paved areas and roof areas. Full engineering attention shall be given
to the interception and conveyance of stormwater by either the street drainage
system, a system of back lot drainage swales, main drainage channels through
the subdivision or a combination of the preceding.
(2)
Storm drains and channels shall be designed and provided
to adequately convey the anticipated runoff from the development as well as
all future development upstream or uphill from the development in question.
(3)
The developer and his engineer shall be responsible for
furnishing, as part of their plans to be presented before the Village Board
of Appeals, full, sufficient details of all hydraulic structures. This includes
but is not limited to cross sections of drainage channels, details of wall
construction, erosion control structures, special manholes and all such other
items as may be necessary to establish fully the methods and materials to
be followed in construction.
D.
Construction and design details.
(2)
Storm drainage (design, structures and channels).
(b)
Drainage pipe culverts shall be installed to carry the
present requirements of the subdivisions as well as that which may reasonably
be anticipated from future construction, both from within the subdivision
and from adjoining properties which normally drain across the area of the
proposed development.
(c)
The discharge of established natural watercourses and
stormwater in open ditches shall be permitted only after specific approval
by the Village Board of Appeals. If, in its opinion, public health or safety
is jeopardized or there is danger of erosion, approval shall be denied. In
such cases, pipe of the proper kind and size shall be installed or the required
paved sluiceways constructed. It shall be the responsibility of the developer
to set aside areas for the collection and passage of both natural waters and
stormwaters.
(d)
Sewer line and grade. All pipe shall be laid true to
line and grade with bells upstream and shall have a full, firm and even bearing.
Boulders or other natural obstructions shall not be considered cause for varying
from true line and grade.
(e)
The top of any drainage pipe shall not be less than 18
inches below the finished grade of the pavement. Where soft, spongy or unsuitable
soil is encountered or where rocks, boulders or ledges are present, such shall
be removed and replaced with suitable materials and in a manner as directed
by the Village Engineer.
(f)
Trenches in which pipe is placed shall be of sufficient
width to permit thorough tamping of the backfill under the haunches and around
the pipe.
(g)
Open channels serving as main drainageways normally will
not be accepted by the Village Board of Appeals where, by engineering design,
it has been established that the future flow (under conditions of full development)
could be conveyed in a pipe system having an "n" value of 0.013 up to and
including a size of 48 inches in diameter or equivalent. Developers and their
engineers bear the responsibility of providing technical design data in this
regard, and it shall be submitted to the Village Board of Appeals and the
Village Engineer, whose approval or disapproval of this data shall be final
and binding.
(h)
Drain lines shall be placed between the center line of
the road and the gutter line and shall, as far as practical, parallel the
center line of the road.
(i)
Surface drainage in gutters shall be limited to the equivalent
of that flowing from 1 1/2 impervious acres; however, where the tributary
impervious area exceeds the runoff from one impervious acre, a double inlet
catch basin shall be used.
(j)
If, in the opinion of the Village Engineer, it is necessary
to intercept and carry away groundwater to protect the stability of the roadbed,
subdrainage, as required by the Village Board of Appeals, shall be installed.
(k)
Storm drains conveying drainage along side lot lines
shall extend to the rear lot line or to the main channel to which the drain
is discharging.
(l)
All open drainage lines (watercourses and ditches) shall
be protected by easements guaranteeing to the Village the right of access
and the power to improve the channels, as well as prohibiting structural or
terrain encroachments within the easement except on approval by the Village
Engineer. Such easement shall have a minimum width of 20 feet.
(m)
Drainage structures which are located on state or county
highway rights-of-way shall be approved by the State or County Highway Engineer's
office, and a letter from said office indicating such approval shall be directed
to the Village.
(n)
Headwalls of concrete or stone masonry shall be constructed
at the inlet and discharge end of the culvert pipe. Culverts shall extend
beyond the toe of the embankment or, if carried in easement through or along
lots, to a point of no less than 75 feet beyond the rear of proposed residences.
(3)
Erosion.
(a)
All open drainage lines and swales shall be protected
against erosion by suitable stabilizing materials or construction.
(b)
Exposing the smallest practical area of land at any one
time during development shall be required. Erosion prevention measures shall
be completed within five days after the soil is exposed, except in areas in
the immediate vicinity of active construction where such construction would
preclude the preventive measures from becoming effective.
(c)
Provision for temporary vegetation and/or mulching to
protect critical areas shall be made. Such steps shall include but not be
limited to seeding or sodding or the spreading of straw on denuded areas of
soil.
(d)
Erosion measures shall be deemed effective when at least
75% of the area to which the prevention measures have been applied is successfully
covered and protected from erosion.
(e)
Temporary sedimentation basins and/or check dams shall
be erected before the subdivision is under construction. These facilities
shall be maintained until such time as all construction is completed and permanent
erosion prevention measures are effective, at which time the subdivider shall
dispose of the erosion materials collected and remove any remaining temporary
facilities.
(4)
Drainage runoff design criteria.
(a)
While the Village Board of Appeals reserves the right
to establish particular parameters in each individual instance, the general
philosophy is to permit runoff from any particular development of an amount
no more than would normally occur under a natural, undeveloped condition for
the particular design storm. That is, the Village generally agrees that the
property owners along the downstream channel should be prepared to accept
a rate of discharge from the upstream areas equivalent to the discharge from
the upstream area under a natural or agricultural condition. (For undeveloped
design runoff, a minimum runoff coefficient of 0.4 shall be used.)
(b)
The Village Board of Appeals also reserves the right
to establish other more restrictive parameters. For example, if the downstream
areas have been subjected to floods in the past, even while the upstream areas
were not developed, and if the Village Board of Appeals deems it desirable
and appropriate to remedy this situation, it may, at its discretion, require
an appropriate size and type impoundment area, as well as storm sewers and
culverts, which can assist in rectifying the downstream flooding situation.
This downstream flooding situation might be a case where backyards flood rather
frequently or where downstream piping systems are overtaxed, possibly causing
backup into cellars and yards, etc. (Additional costs for this problem rectification
shall be borne by both the developer and the Village. Costs shall be distributed
on a benefit basis as determined by the Board of Trustees.)
(c)
Parameters of rules regarding stormwater discharge are
simply stated below:
[1]
No developed area shall discharge more stormwater into
adjacent culverts and channels than occurs under a natural undeveloped condition.
[2]
The flow capacity of channels and culverts immediately
downstream from a development does not necessarily govern the adequacy of
the total drainage system downstream.
(d)
Engineering procedures for stormwater retention structures.
[1]
The Village Board of Appeals may determine it to be desirable
to require stormwater retention basins in certain areas. There are various
reasons for this, not the least of which is that continual upstream development
overtaxes downstream natural watercourses as well as man-made drainage facilities.
Second, these increased rates of stormwater runoff cause environmental problems
downstream, such as highly erosive velocities, flooding and overtopping of
the banks.
[2]
Consequently, it has been determined advisable to insist
upon retention basins where appropriate and to have these retention basins
designed in a manner compatible with the particular problem.
[3]
In order to arrive at an engineering estimate of storm
flows and proposed retention pond size, the Engineer must proceed according
to the following steps:
[a]
Determine the design storm recurrence (25 to 50 years)
in accordance with these regulations.
[b]
Using topographic maps and the appropriate charts and
graphs, determine the maximum expected natural runoff (minimum C = 0.2) for
the design storm. Factors affecting this number include the slope of the land,
surface cover, the area of the drainage basin, and the presence or lack of
well-defined natural channels. This number now places a ceiling on the allowable
discharge from any development in the area under question for the given design
storm.
[c]
Design the collection system using the standard Rational
Method (minimum C = 0.4).
[d]
With an area designated for the location of the pond,
determine the maximum depth of the pond.
[e]
Design an outlet structure which discharges water as
a continuous function of head and which will discharge the maximum allowable
flow at maximum pond depth.
[f]
Draw inflow hydrographs for a number of design storms
of different durations, and make a straight line approximation to an outflow
hydrograph starting with Qo = 0 at t = O and assuming that good pond design
is based on the outflow reaching its peak just as the inflow equals the outflow.
[g]
Calculate the accumulated volume for each of the above
cases. The one giving the greatest volume is the critical storm for this retention
pond.
[h]
If desired, make a more detailed analysis using the now-determined
critical storm and standard flood-routing techniques. Otherwise, use the above-estimated
volume and size the area of the pond.
[i]
If an outlet which discharges water as a continuous function
of head is used, lesser storms should discharge approximately proportional
lesser flows.
(e)
Plan details shall show the pond location, size, inlet
and outlet structures and safety features, such as fencing, etc.
(f)
The developer's engineer shall submit, with the major
plans, drainage calculations justifying the size of pipes, channels, impoundment
basins and related structures.
(g)
Developers and their engineers shall so design the vertical
control of their subdivision that the surcharge of storm drainage systems
will not cause a backup or flooding of cellars. This will normally require
that cellar drains not be connected to the storm drainage system unless the
cellar floor is higher than pavement grade in order that the street drain
system can run fully surcharged or the cellar drainage discharges through
a sump pump and check valve.
A.
Recreation areas. Where a proposed park, playground or open space is to be provided, such area or areas shall be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the Village by the subdivider if the Board of Trustees approves such dedication.
B.
Information to be submitted. The area to be used for
a park or playground is required to be shown, and the subdivider shall submit,
prior to major subdivision approval, to the Village Board of Appeals six prints
at a scale of not less than 30 feet to the inch showing such areas and the
following features thereof:
(1)
The boundaries of said area, giving lengths and bearings
of all straight lines, and the radii, lengths, central angles and tangent
distances of all curves.
(2)
Existing features such as brooks, ponds, clusters of
trees, rock outcrops and structures.
(3)
Existing and, if applicable, proposed changes in the
grade and contours of said area and of the area immediately adjacent.
C.
Waiver of final plat designation of area for parks and
playgrounds. In cases where the Village Board of Appeals finds that due to
the size, topography or the location of the subdivision, land for park, playground
or other recreational purpose cannot be properly located therein or if, in
the opinion of the Village Board of Appeals, it is not desirable, the Village
Board of Appeals may waive the requirement that the plat show land for such
purposes.
A.
General purpose. The purpose of these specifications
is to assure that streets, utilities and parks which are to be turned over
to the Village for maintenance shall be so constructed as to cause a minimum
of maintenance and a maximum of benefit to the Village. Failure of the developer,
his agents, employees or subcontractors to comply shall be considered sufficient
cause for the Village not to accept the street, utilities and parks or any
portion thereof for dedication until all work is satisfactory.
B.
Inspection.
(1)
All construction shall at all times be subject to inspection
by the Village. The work may be stopped when the developer or his contractor
has no competent foreman in charge of the work or when the work or materials
do not meet these specifications or when circumstances are such that continuance
of that phase of the work would not be in the best interest of the Village.
(2)
Costs incurred for inspection services shall be borne
by the developer, and sufficient funds shall be part of the letter of credit.
(3)
Failure of the Village to reject improper work or inferior
material during construction shall not be considered as, nor imply, final
acceptance. If subsequent inspection, operation or circumstances cause defects
to become evident, the developer shall make or cause to be made such cuts
or other exposures of the work as may be required to determine the cause of
such defects. Such defects shall then be corrected to the satisfaction of
the Village at the expense of the developer.
(4)
At least five days prior to commencing construction of
the required improvements, the subdivider shall notify the Village Engineer,
in writing, of the time when he proposes to commence construction of said
improvements.
C.
Responsibility for work. The developer is solely responsible
to the Village for proper construction of streets, utilities and parks. It
will normally be of benefit to both the developer and the Village to have
municipal representatives deal directly with the developer's contractors,
where such are employed, both as a matter of expediency and to avoid needless
liaison. Nevertheless, such action shall not be construed as relieving the
developer of his prime responsibility to the Village.
D.
Safeguarding existing utilities; other property and persons.
(1)
The developer or his contractor, where work and responsibility
have been so delegated, shall locate all existing sewers, water mains, underground
conduits, gas mains or other utilities in the work area prior to commencing
operations. Appropriate utility officials shall receive prior notice of intent
to start construction, and their recommendations and orders shall be followed.
(2)
Care shall be taken to protect persons and property,
as well as to avoid potentially hazardous conditions or nuisances. The developer
and his contractor shall comply with all stipulations of the Occupational
Safety and Health Act of 1970 and all revisions and amendments therein and
thereto.
E.
Stakeout.
(1)
All construction work shall be properly staked out by
competent personnel in accordance with the approved plan. Such stakeout shall
be in such sufficient detail to ensure correct elevations of tops of structures
and proper crowns, slopes and alignments.
(2)
Where pavement base courses or subgrades are left unfinished
during the winter, they shall be restaked in the spring and regraded accordingly.
F.
Protection of uncompleted works. Where work is left uncompleted,
because of weather or other reasons, it shall be protected. Roadbeds shall
be left well-drained, and sanitary sewers (and storm drains where applicable)
shall be so protected that surface water, mud, silt and debris cannot enter.
Sewer laterals, water services and valves shall be suitably marked with stakes
and shall be protected.
G.
Final drawings. Prior to acceptance of the utilities
by the Village, the developer shall submit an as-built plan. This plan shall
be drawn to scale and shall indicate by dimensions, angles and distances,
as applicable, the location of sewer and drain Y branches, laterals, septic
tank cleanouts, manholes, catch basins, hydrants, valves, curb shutoffs, road
profiles and center-line elevations and a final grading plan showing swales
and ditches. The plan shall show easements and dedicated roadways. As-built
plans shall be submitted to the Village in reproducible form.
H.
Full completion of work and cleanup.
(1)
Prior to acceptance of the utilities by the Village,
the developer shall fully complete the work and leave the site in a neat and
orderly condition. Slopes, drainageways and other graded areas shall be fully
stabilized by planting grass or other vegetation or by such means acceptable
to the Village.
(2)
Grading between adjacent lots as well as between lots
and the street area shall have a continuity without abrupt changes in elevation
or unfinished ground surface.
(3)
All areas shall be so graded that runoff from higher
elevation lots does not create a nuisance to lower elevation lots. To this
extent, lots shall normally be graded to drain front and back with street
gutters taking the front drainage and shallow swales taking the back lot line
drainage.
(4)
Valve boxes, manhole covers and curb shutoff boxes shall
be left at a proper elevation.
I.
Permits. The developer shall obtain from the proper authorities
all necessary permits for building or blasting or construction work within
public streets.
J.
Modification for design of improvements. If at any time
before or during the construction of the required improvements it is demonstrated
to the satisfaction of the Village Engineer that unforeseen conditions make
it necessary or preferable to modify the location or design of such required
improvements, the Engineer may authorize modifications, provided that these
modifications are within the spirit and intent of the Village Board of Appeals's
approval and do not extend to the waiver or substantial alteration of the
function of any improvements required by the Village Board of Appeals. The
Engineer shall issue any authorization under this subsection, in writing,
and shall transmit a copy of such authorization to the Village Board of Appeals
at its next regular meeting.
A.
The sketch plan initially submitted to the Village Board
of Appeals shall be based on Tax Map information or some other similarly accurate
base map at a scale (preferably 200 feet to the inch) to enable the entire
tract to be shown on one sheet.
B.
Six copies of the sketch plan shall be submitted showing
the following information:
(1)
The location of that portion which is to be subdivided
in relation to the entire tract, and the distance to the nearest existing
street intersection.
(2)
All existing structures, wooded areas, streams and other
significant physical features within the portion to be subdivided and within
200 feet thereof. If topographic conditions are significant, contours shall
also be indicated at intervals of not more than 10 feet.
(3)
The name of the owner and of all adjoining property owners,
as disclosed by the most recent municipal tax records.
(4)
The Tax Map sheet, block and lot numbers, if available.
(5)
All the utilities available and all streets which are
either proposed, mapped or built.
(6)
The proposed pattern of lots (including lot width and
depth), street layout, recreation areas, if any, and systems of drainage,
sewerage and water supply within the subdivided area.
(7)
All existing restrictions on the use of land, including
easements, covenants, and zoning restrictions, if such exist.
A.
In the case of minor subdivision only, six copies of
the subdivision plat shall be submitted.
B.
Information required.
(1)
The plat shall include the following information:
(a)
A copy of such covenants or deed restrictions as cover
and/or are intended to cover all or part of the tract.
(b)
An actual field survey of the boundary lines of the tract,
giving complete descriptive data by bearings and distances, made and certified
by a licensed land surveyor. The corners of the tract shall also be located
on the ground and marked by monuments as approved by the Village Engineer
and shall be referenced and shown on the plat.
(c)
All on-site sanitation and water supply facilities designed
to meet the minimum specification of the State Department of Health, and a
note to this effect stated on the plat and signed by a licensed engineer.
(d)
A proposed subdivision name or identifying title of the
Village, town and county.
(e)
The date, North point, the map scale and the name and
address of the record owner and the subdivider.
(2)
The plat to be filed with the County Clerk shall be printed
or clearly drawn in reproducible form. The size of the sheet shall be 8 1/2
inches by 11 inches minimum or 34 inches by 44 inches maximum. If larger than
8 1/2 inches by 11 inches, a print on linen or Mylar shall be filed with
the Village Clerk-Treasurer.
C.
SEQR assessment. A SEQR environmental assessment form
is required.
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.
(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[1] 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[1] 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.
A.
Violations. The violation of any rule or regulation approved
by the Board of Trustees herein shall be deemed an offense against such regulations.
B.
Penalties. Any person, firm, corporation or other party
violating any provision of this chapter is deemed guilty of an offense upon
conviction and is subject to a fine not exceeding $250 or imprisonment for
not more than 15 days, or both. In addition, a violation of this chapter constitutes
a violation under the Penal Law of the State of New York. Each day that a
violation continues shall be deemed a separate offense.[1]
C.
In addition to those penalties prescribed by state law,
any person, firm or corporation who violates any provision of the Uniform
Code or any rule or regulation of this chapter shall be liable to a civil
penalty of not more than $200 for each day or part thereof during which such
violation continues. The civil penalties provided by this subsection shall
be recoverable in an action instituted in the name of the Village Board on
its own initiative or at the request of the Code Enforcement Official.[2]
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.
A.
No building/land use permit, special permit or certificate
of zoning compliance shall be issued except where all the provisions of these
regulations have been complied with.
B.
If the Village receives an application for a building/land
use permit or a special permit for a lot which constitutes subdivision of
land which has not been approved by the Village and recorded in the County
Clerk's office, such application shall be denied and referred to the Village
Board of Appeals for further action pursuant to and in accordance with the
terms and provisions of this chapter.
