The subdivider shall observe the following requirements
and principles of land subdivision in the design of each subdivision
or portion thereof.
A.
In acting upon plats, the Planning Board shall require,
among other conditions in the public interest, that the tract shall
be adequately drained, and the streets shall be of sufficient width
and suitable grade and suitably located to accommodate the prospective
traffic, to provide access for fire-fighting equipment to buildings
and to be coordinated so as to compose a convenient system, conforming
to the Official Map or Master Plan or, if there is no Official Map
or Master Plan, relating properly to the existing street system.
B.
The Planning Board shall further require that all
lots shown on the plats shall be adaptable for the intended purposes
without danger to health or peril from flood, fire, erosion or other
menace. Required improvements shall be designed and constructed to
conform to the specifications as established by the Village Board.
A.
The arrangements of streets not shown on the Master
Plan or Official Map shall be to provide for the logical extension
of existing streets and to provide for future access for remaining
land areas.
B.
Minor streets shall be designed to discourage through
traffic.
C.
Where a subdivision abuts or contains an existing
or proposed arterial street, the Board may require a marginal access
street, reverse frontage with screen planting contained in a nonaccess
reservation along the rear property line, deep lots with 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.
D.
Rights-of-way.
E.
No subdivision showing reserve strips controlling
access to streets shall be approved.
F.
Subdivisions that adjoin or include existing streets
that do not conform to street widths as shown on the Master Plan or
Official Map or that do not conform to the street width requirements
of this section shall dedicate additional width along either one or
both sides of such streets of substandard width. If the subdivision
is along one side only, 1/2 of the required width shall be dedicated.
G.
Grades of arterial and collector streets shall not
exceed 7%. Grades on other streets shall not exceed 10%; however,
the Planning Board shall have the right to require grades of less
than 10% where special conditions are set forth, in writing, upon
the minutes of the Board. No street shall have a grade of less than 1/2
of 1%.
H.
Street intersections shall be as nearly at right angles
as circumstances will allow and in no case shall be less than 60º.
The block corners at intersections shall be round at the curbline,
with a curve having a radius of not less than 20 feet.
I.
A street intersection shall not be less than 125 feet
removed from the nearest other street intersection.
J.
The center line of a street shall cross an intersecting
street as a straight line.
K.
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
L.
When connecting street lines deflect from each other
at any one point by more than 10º, they shall be connected by
a curve with a center line radius of not less than 100 feet for minor
streets and 300 feet for arterial and collector streets.
M.
All changes in grade shall be connected by vertical
curves of sufficient length to provide a smooth transition and sight
distance.
N.
Dead-end streets designed to be so permanently shall
not be longer than 400 feet and shall be provided at the closed end
with a turnaround having a minimum outside roadway diameter of 100
feet.
O.
No street shall have a name which duplicates the name
of an existing street or is similar to the name of an existing street
as to be easily confused with it. The continuation of an existing
street shall have the same name.
P.
Streets shall be graded and improved with pavements
in accordance with the minimum road specifications of the Village
of Maybrook, New York, as amended. The Board may require curbs, sidewalks,
streetlighting standards, street trees and fire alarm signal devices
as it deems necessary to protect the safety and general welfare of
the Village.
Q.
The approval by the Board of a subdivision plat showing
new streets shall not be deemed to constitute or be evidence of an
acceptance by the Village of any such streets.
R.
The Planning Board of the Village of Maybrook shall
make provision for all subdivisions that it shall approve after the
effective date of this subsection, that all streets approved and shown
on the plat shall be of such width of pavement as shall be required
to accommodate alternate-side-of-the-street parking without parked
vehicles obstructing the traveled way, and a thirty-foot-wide paved
width between the opposite curbs shall be presumptively suitable to
accommodate such parking, unless the Planning Board shall require
less width based on the evidence presented and the recommendations
of the Village's planning and engineering consultants. Plats showing
such streets shall have the curbside areas that are reserved for parking
shown with dimensions.
[Added 10-10-2006 by L.L. No. 9-2006]
A.
All lots created by subdivision shall conform to the requirements of Chapter 210 (Zoning) of the Code of the Village of Maybrook, and the corresponding Tables of Dimensional Requirements, as to area and dimensions, and all plats shall comply with § 210-3C(4) for the permitted lot yield.
[Amended 9-9-2002 by L.L. No. 2-2002; 11-8-2010 by L.L. No. 4-2010]
B.
Side lot lines shall be substantially at right angles
or radial to street lines.
C.
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra width line, and
all setbacks shall be measured from such line.
D.
The subdividing of land shall be such as to provide,
by means of a public street, each lot with satisfactory access to
an existing public street.
E.
Corner lots shall have extra width to permit appropriate
building setback from both streets.
A.
Where deemed essential by the Board upon consideration
of the particular type of development proposed or where indicated
by the Master Plan, the Board may require the dedication of sites
of a character, extent and location for the need created by such development
for parks or playgrounds. In no case shall the Board require that
more than 10% of the gross area of the subdivision be so dedicated.
The minimum area acceptable in fulfillment of this provision shall
not be less than three acres. Open spaces of a lesser area may be
approved where the difference may be made up in conjunction with the
future subdivision of adjacent land.
B.
If the Planning Board determines that a suitable park
or parks of adequate size cannot be properly located in a subdivision
plat or is otherwise not practical, the Board may require as a condition
of approval of any such plat a payment to the Village of an amount
as set by resolution of the Board of Trustees[1] for each proposed lot or dwelling unit in such plat, which
sum shall constitute a trust fund to be used by the Village Board
exclusively for neighborhood park, playground or recreational purposes,
including the acquisition of land.
[1]
Editor's Note: Said resolution is on file
and available for inspection in the office of the Village Clerk.
C.
The Board may require the preservation of any natural
feature of the site which adds value to the residential development
or to the community, such as large trees, woods, watercourses, historic
spots, vistas and similar irreplaceable natural or historic assets.
D.
When a park, natural or historic feature or open space
shall have been required on a subdivision plat, the approval of said
plat shall not constitute an acceptance by the Village of such an
area. The Board may require the plat to be endorsed to this effect
or require the filing of a written agreement between the applicant
and the Village Board covering the future title, dedication and provisions
for the cost of improving and maintenance.
E.
In making its determination pursuant to this section,
the Planning Board shall take into consideration the following factors
to determine if the dedication of land or the payment of a fee in
lieu of dedication of recreation land is appropriate:
[Added 1-26-2004 by L.L. No. 1-2004]
(1)
The adequacy of existing recreational facilities in
the Village generally, and in the neighborhood where the proposed
dwelling units are to be built;
(2)
The needs of the Village for recreation infrastructure
generally and specifically in or near the neighborhood where the proposed
new dwellings are to be built;
(3)
The relative availability and cost of lands in or
near the neighborhood where the dwelling units are to be built;
(4)
Fees assessed pursuant to this section shall be held
by the Village in a trust and agency account, to be used only for
acquisition and capital improvement of recreation lands to serve the
community's needs for recreational lands and improvements;
(5)
The dedication of land for recreation purposes, or
the payment of the fee in lieu of dedication in the amount that is
imposed by the Planning Board, shall be completed as a condition of
preliminary subdivision approval, or when preliminary approval is
waived by the Planning Board, as a condition of final subdivision
approval. The final plat shall not be signed by the Planning Board
Chairman until such dedication or payment in full of the fee in lieu
of dedication is made;
(6)
The applicant shall provide proof of unencumbered
title and authority of the owner to convey such lands to the Village;
and
(7)
The fee to be paid by the applicant in lieu of dedication
of recreation areas to the Village shall be $1,000 per lot approved
on the subdivision plat.
A.
The subdivider may be required by the Board to carry
away by pipe or open ditch any watercourse or surface water that may
exist either previous to or as a result of the subdivision. Such drainage
facilities shall be located in the street rights-of-way, where feasible,
or in perpetually unobstructed easements of appropriate width.
B.
A culvert or other drainage facility shall, in each
case, be of adequate size to accommodate the potential runoff from
the entire upstream drainage area, whether inside or outside the subdivision
area. The Village Engineer shall approve the design and size of this
facility based on anticipated runoff.
C.
The subdivider's engineer shall study the effect of
each subdivision on existing downstream drainage facilities outside
the area of the subdivision; this study is to be subject to review
by the Village Engineer. Where it is anticipated that the additional
runoff incident to the development of the subdivision will overload
the existing downstream drainage facility, the Board shall notify
the Village Board of Trustees of such potential condition. In such
case, the Board shall not approve the subdivision until provision
has been made for the improvement of such potential condition.
D.
Where a subdivision is traversed by a watercourse
drainageway, channel or stream, there shall be provided a water easement
or drainage right-of-way conforming substantially to the lines of
such watercourse and such further width or construction, or both,
as the Board may deem adequate for the purpose.
A.
The proposed subdivision plat shall be properly endorsed
and approved by the New York State Department of Health. Such endorsement
and approval shall be secured by the subdivider after approval of
the preliminary layout by the Board.
B.
Department of Health approval shall constitute only
the minimum requirement necessary, and, where considered essential
by the Board, a public sanitary and/or water system may be required
for all subdivision plats containing 50 or more lots.
D.
Water and sewer mains to be maintained by the Village
shall be located in the street rights-of-way or in perpetually unobstructed
easements of a width adequate for servicing.
E.
Sewer system facilities shall be constructed in accordance
with the Village of Maybrook Sewer Use Ordinance, and the water system
facilities shall be constructed in accordance with the Village of
Maybrook Water Rules, Regulations and Rents, as amended.[2]
F.
Fire hydrants shall be placed at distances of 350
feet and conform with the specifications for hydrants adopted by the
Village.
All street intersections shall be marked by
double-faced street signs in conformity with existing Village signs
erected on two-inch diameter galvanized iron poles placed in concrete.
A.
The Board may require the installation of fire alarm
boxes and connection to the Village fire alarm system in every development.
There shall be at least one if the nearest existing or proposed fire
alarm box is more than 1,000 feet from the subdivision or if there
are less than 20 housing units or there is less than 2/10 of
a mile of new street. There shall be additional boxes up to one for
every 20 housing units or 2/10 of a mile of new street.
B.
The equipment shall be such as will coordinate into
the Village system.
A.
Electric, telephone and television cable lines shall
be installed underground in accordance with the New York State Public
Service Commission regulations.
B.
The subdivider shall be responsible for electric light
standards, which shall be located in the highway right-of-way and
shall comply with the specifications.
C.
The location of lines, standards, transformers, road
crossings, house service connections and other appurtenances shall
be shown on a plan submitted to the Board as part of the final approval.
A.
Curbs shall be installed in all subdivisions.
C.
The Board may waive the requirement of curbs on either
or both sides of the street, in whole or part, when it is determined
that curbs are not necessary to control the flow and direction of
drainage or to prevent erosion of banks, ditches or roads.
