[HISTORY: Adopted by the Board of Trustees
of the Village of Cooperstown 10-27-1966; amended 3-17-1975 by L.L. No. 2-1975; 1-10-1978 by L.L. No. 4-1978. Subsequent amendments noted where applicable.]
For the purpose of this chapter, which shall
be known as and may be cited as "The Village of Cooperstown Subdivision
Regulations," certain words herein are defined as follows:
The person so designated by the Board of Trustees. In the
absence of the Codes Official, his duties under this chapter are to
be performed by the Mayor.
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
lane, place, alley, or however otherwise designated.
ARTERIAL STREETS OR HIGHWAYSThose used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such development.
MINOR STREETSThose used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSMinor streets parallel to and adjacent to arterial streets and highways, providing access to abutting properties and protection from through traffic.
CULS-DE-SACStreets having one end open to traffic, the other end having a vehicular turnaround.
ALLEYSMinor ways used primarily for vehicular service access to the back or the side of properties otherwise abutting a street.
The division of any parcel of land into two or more lots,
plots, sites or other divisions of land for immediate or future sale
or for building development.
A.
Preapplication procedure.
(1)
Prior to the filing of an application for conditional approval of the preliminary layout, the subdivider shall submit to the Planning Board through the Codes Official a sketch plan and data as specified in § 245-5. This step does not require formal application, fee or filing of plat with the Planning Board.
(2)
If any part of the subdivision is in a flood hazard
location, the Codes Official shall review the proposals to assure
that all proposals are consistent with the need to minimize flood
damage, all public utilities and facilities, such as sewer, gas, electrical
and water systems, are located, elevated and constructed to minimize
or eliminate flood damage, and adequate drainage is provided so as
to reduce exposure to flood hazards. He shall also provide for such
subsequent steps and procedures as may be necessary in the preparation
of the preliminary layout and the final plat to ensure that all requirements
for adequate protection against flood damage are met.
(3)
Within 45 days, the Planning Board shall inform the
subdivider that the plans and data as submitted or as modified do
or do not meet the objectives of this chapter, and it shall express
its reasons therefor. The subdivider shall also consult the New York
State Department of Health, the regulations of which Department regarding
the preparation and submission of plans for realty subdivisions are
in addition to those listed herein. After an inspection and percolation
tests have been made of the property, the engineer or surveyor shall
proceed to prepare the preliminary layout.
B.
Procedure for conditional approval of preliminary
layout.
(2)
Two copies of the preliminary layout and supplementary
materials specified shall be submitted to the Planning Board, through
the Codes Official, with two copies of the application for conditional
approval, at least 14 days prior to the meeting at which it is to
be considered.
(3)
Following review of the preliminary layout and other
material submitted for conformity thereof to this chapter and negotiations
with the subdivider on changes deemed advisable and the kind and extent
of improvements to be made by him, the Planning Board shall conduct
a public hearing on the preliminary layout and act thereon in accordance
with Village Law § 7-728, Subdivision 5, and, if approved,
the Planning Board shall express its approval as conditional approval
and state the conditions of such approval, if any, or if disapproved,
shall express its disapproval and its reasons therefor. The Planning
Board shall comply with the provisions of the State Environmental
Quality Review Act under Article 8 of the Environmental Conservation
Law and its implementing regulations.[1]
(4)
The action of the Planning Board shall be noted on
two copies of the preliminary layout, referenced and attached to any
conditions determined. One copy shall be returned to the subdivider
and the other retained by the Planning Board.
(5)
For any subdivision or portion of subdivision, the
Planning Board will state in writing the character and extent of the
required public improvements for which waivers may have been requested
and which, in the opinion of the Planning Board, may be waived without
jeopardy to public health, safety, morals and general welfare or which
are inappropriate because of inadequacy or lack of connecting facilities
adjacent to or in proximity to the proposed subdivision.
(6)
Conditional approval of a preliminary layout shall
not constitute approval of the final plat. Rather, it shall be deemed
an expression of general approval of the layout submitted as a guide
to preparation of the final plat, which will be submitted for approval
and recording upon fulfillment of the requirements of this chapter
and conditions of conditional approval.
C.
Procedure for approval of final plat.
(1)
The final plat shall conform substantially to the
preliminary layout as approved and, if desired by the subdivider,
may constitute only that portion of the approved preliminary layout
which he proposes to record and develop at the time; provided, however,
that such portion conforms to all requirements of this chapter.
(2)
Three copies of the final plat and applications for approval and other exhibits required for approval shall be prepared as specified in § 245-5 and shall be submitted to the Planning Board, through the Codes Official, within six months after approval of a preliminary layout; otherwise such approval shall become null and void unless an extension of time is applied for and granted by the Planning Board.
(3)
Each copy of the final plat shall have met the requirements
and been approved by the State Department of Health and shall be submitted
to the Planning Board at least 14 days prior to the meeting at which
it is to be considered.
(4)
When a final plat is submitted which the Planning
Board deems to be in substantial agreement with the preliminary layout
approved pursuant to this section, the Planning Board shall by resolution
conditionally approve with or without modification, disapprove, or
grant final approval and authorize the signing of such plat within
62 days of its receipt by the Clerk of the Planning Board. If the
Planning Board determines that the final plat is not in substantial
agreement with the approved preliminary layout, the final plat shall
be subject to the review and hearing procedures of Village Law § 7-728,
Subdivision 6.[2]
(5)
If the final subdivision plat is approved by the Planning
Board, a notation to that effect will be made on the face of the original
drawing or on the linen prints. One copy will be retained by the Planning
Board, and the other two copies will be returned to the owner, one
of which he may then file with the County Clerk.
D.
When an application for subdivision review and approval involves
property that is within 500 feet of an adjacent municipality, as defined
in § 239-nn of the General Municipal Law, the Planning Board
shall give notice to the adjacent municipality by mail or electronic
transmission to the clerk of the adjacent municipality at least 10
days prior to any hearing. Notice shall also be provided to the county
planning agency if required by § 239-n of the General Municipal
Law.[3]
A.
Streets.
(1)
The arrangement, character, extent, width, grade and
location of all streets shall conform to such Official Map or Comprehensive
Area Development Plan as may exist and shall be considered in relation
to existing and planned streets, to topographic conditions, to public
convenience and safety, and to the proposed uses of land to be served
by such streets.
(2)
Where possible, the arrangement of streets in a subdivision
shall provide for the continuation or appropriate projection of existing
principal streets in surrounding areas.
(3)
Minor streets shall be so laid out that their use
by through traffic will be discouraged.
(4)
Where a subdivision abuts or contains an existing
or proposed arterial street, or borders on or contains a railroad
or limited access right-of-way, the Planning Board may require marginal
access or parallel streets, or such other treatment as may be necessary
for adequate protection of residential properties, separation of through
and local traffic, or space for appropriate development of intervening
land.
(5)
Reserve strips controlling access to streets shall
be prohibited, except where their control is definitely placed in
the Village of Cooperstown under conditions approved by the Planning
Board.
(6)
Street jogs with center-line offsets of less than
125 feet shall not be permitted.
(7)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(8)
When continuing street lines of collector streets
deflect from each other at any one point by more than 10°, they
shall be connected by a curve with a radius at the inner street right-of-way
line of not less than 350 feet; where continuing street lines of arterial
streets deflect from each other by more than 5°, they shall be
connected by a curve of not less than eight-hundred-foot radius.
(9)
Streets shall be laid out so as to intersect as nearly
as possible at right angles, and no street shall intersect any other
street at less than 75°. Any change in street alignment to meet
this requirement shall occur at least 100 feet from the intersection.
(10)
Property lines at street intersections shall
be rounded with a radius of 10 feet, or of a greater radius where
the Planning Board may deem it necessary. The Planning Board may permit
comparable cutoffs or chords in place of rounded corners.
(11)
Street right-of-way widths shall be not less
than as follows:
Street Type
|
Right-of-Way
(feet)
| |
---|---|---|
Arterial
|
100, or as determined after consultation with
local authorities.
| |
Collector
|
60
| |
Minor
|
50
| |
Marginal access
|
50
|
(12)
Half streets shall be prohibited.
(13)
Culs-de-sac shall not be longer than 500 feet
and shall be provided with a turnaround at the closed end having a
street right-of-way line diameter of at least 120 feet (temporary
turnarounds may have a diameter of 100 feet); however, they may be
longer when in the judgment of the Planning Board they do not impose
any problem and constitute a positive design feature.
(14)
No street names shall be used which will duplicate
or be confused with the names of existing streets. Street names shall
be subject to the approval of the Planning Board.
(15)
Street grades, wherever feasible, shall not
exceed the following, with due allowance for reasonable vertical curves:
Street Type
|
Percent Grade
| |
---|---|---|
Arterial
|
5%
| |
Collector
|
5%
| |
Minor
|
8%
| |
Marginal access
|
8%
|
(16)
No street grade shall be less than 0.5%.
B.
Alleys.
(1)
Alleys may be provided in residential, business and
commercial districts, subject to the specific approval of the Planning
Board.
(2)
The width of an alley shall be not less than 20 feet.
(3)
Alley intersections and sharp changes in alignment
shall be avoided, but where necessary corners shall be cut off sufficiently
to permit safe vehicular movement.
(4)
Dead-end alleys shall be avoided where possible, but
if unavoidable shall be provided with adequate turnaround facilities
at the dead end, as determined by the Planning Board.
C.
Easements.
(1)
Easements across lots or centered on rear or side
lot lines shall be provided for utilities where they are anticipated.
The Planning Board may require easements of such widths as it deems
necessary.
(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 conforming substantially to the
lines of such watercourse and of such width and construction as will
be adequate for the purpose.
D.
Blocks.
(1)
The lengths, widths and shapes of blocks shall be
determined with due regard to:
(2)
Block lengths shall not exceed 1,600 feet nor be less
than 400 feet.
(3)
Pedestrian crosswalks, not less than 10 feet wide,
shall be required where deemed essential to provide circulation or
access to schools, playgrounds, shopping centers, transportation and
other community facilities.
E.
Lots.
(1)
The lot size, width, depth, shape and orientation,
and the minimum building setback lines shall be appropriate for the
location of the subdivision and for the type of development and use
contemplated.
(2)
Lot dimensions shall conform to the requirements of Chapter 300, Zoning, and:
(a)
Minimum residential lot sizes where not served
by public sewer shall be determined by the New York State Department
of Health.
(b)
Depth and width of properties reserved or laid
out for commercial and industrial purposes shall be adequate to provide
for the off-street service and parking facilities required by the
type of use and development contemplated.
(3)
Corner lots for residential use shall have extra width
to permit appropriate building setback from and orientation to both
streets.
(4)
The subdividing of the land shall be such as to provide,
by means of a public street, each lot with satisfactory access to
an existing public street.
(5)
Double frontage and reverse frontage lots should be
avoided except where essential to provide separation of residential
development from traffic arteries or to overcome specific disadvantage
of topography and orientation. A planting screen easement of at least
10 feet, and across which there shall be no right of access, shall
be provided along the line of lots abutting such traffic artery or
other disadvantageous use;
(6)
Side lot lines shall be substantially at right angles
or radial to street lines.
F.
Public sites and open spaces.[1]
(1)
Where a proposed park or playground shown in a Comprehensive
Area Development Plan is located in whole or in part in a subdivision,
the Planning Board may require the dedication or reservation of such
areas within the subdivision in those cases in which the Planning
Board deems such requirements to be reasonable.
(2)
Where deemed essential by the Planning Board, upon
consideration of the particular type of development proposed in the
subdivision, and especially in large-scale developments not anticipated
in the Comprehensive Area Development Plan, the Planning Board may
require the dedication or reservation of such areas or sites of a
character, extent and location suitable to the needs created by such
development for parks. This dedication or reservation shall comprise
5% of the entire subdivision area and may be waived upon the determination
of the Planning Board that such dedication or reservation is not necessary.
G.
Street trees.
(1)
No trees shall be planted within the street right-of-way.
(2)
Trees are to be planted parallel to the street right-of-way
and between five and 10 feet outside the right-of-way lines.
(3)
There shall be at least one tree per lot width, two
trees per lot or corner lot.
(4)
The type of trees to be planted shall be subject to
approval by the Planning Board.
A.
Monuments. Monuments shall be placed at all block
corners, angle points, points of curves in streets, and at intermediate
points as shall be required by the Codes Official. The monuments shall
be of such material, size and length as may be approved by the Codes
Official.
B.
Utility and street improvements.
(1)
Utility and street improvements shall be provided
in each new subdivision as follows:
(a)
Streets.
[1]
Cross-section as determined by the Codes Official
and the Planning Board.
[2]
Grading and center-line gradients, pavement
base and wearing surface curbs and gutter as per specifications prepared
by the Codes Official and approved by the Planning Board and in accordance
with plans and profiles approved by the Codes Official.
(b)
Storm sewer system and other drainage improvements,
including driveway culverts, in accordance with plans approved by
the Codes Official.
(c)
Sidewalks along arterials and collector streets
and at such locations as the Planning Board may deem necessary, in
accordance with plans and specifications to be approved by the Codes
Official.
(d)
Water mains in accordance with plans approved
by the Codes Official and the Planning Board.
(e)
Sanitary sewers in accordance with plans approved
by the Codes Official and the Planning Board.
(f)
Street name signs, the design of which must
be approved by the Planning Board, at all intersections.
(g)
Construction specifications for street improvements
will be as prepared by the Codes Official or, at his discretion, may
be based on those found in "Neighborhood Standards for Northeastern
New York," Land Planning Bulletin No. 3, Federal Housing Administration,
Albany, New York, as amended from time to time.
(2)
The developer shall furnish a performance bond sufficient
to cover the full costs of the construction of such utility and street
improvements as may be required by the Planning Board in accordance
with § 7-730 of the Village Law. The developer may install
such utility and street improvements at his own cost and expense or,
in the alternative, may secure the formation of a special district
to install such utility and street improvements pursuant to the laws
of the state.
A.
Preapplication plans and data.
(1)
General subdivision information shall describe or
outline the existing conditions of the site and the proposed development
as necessary to supplement the drawings required below. If the Codes
Official so requests, this information will include data on existing
covenants, land characteristics and available community facilities
and utilities and information describing the subdivision proposal,
such as number of residential lots, typical lot width and depth, price
range, business areas, playgrounds, park area and other public areas,
proposed protective covenants and proposed utilities and street improvements.
(2)
Location map shall show the relationship of the proposed
subdivision to existing community facilities which serve or influence
it. It shall also serve to include the development name and location;
main traffic arteries; shopping centers; elementary and high schools;
parks and playgrounds; principal places of employment; other community
features such as hospitals and churches; title; scale; North arrow
and date.
(3)
Sketch plan on topographic survey map shall show in simple sketch form the proposed layout of the streets, lots and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey. In any event, the sketch plan shall include either the existing topographic data listed in Subsection B(1) below or such of these data as the Planning Board determines is necessary for its consideration of the proposed sketch plan.[1]
B.
Plats and data for conditional approval.
(1)
Topographic data required as a basis for the preliminary layout in Subsection B(2) below shall include existing conditions as follows, except when otherwise specified by the Planning Board:
(a)
Boundary lines: bearings and distances;
(b)
Easements: location, width and purpose;
(c)
Streets on and adjacent to the tract: name and
right-of-way width and elevation of surfacing; any legally established
center-line elevations; walks, curbs, gutters, culverts, etc.;
(d)
Utilities on and adjacent to the tract: location,
size and invert elevation of sanitary, storm and combined sewers;
location and size of water mains; location of gaslines, fire hydrants,
electric and telephone poles, and streetlights; if water mains and
sewers are not on or adjacent to the tract, indicate the direction
and distance to and size of nearest ones, showing invert elevation
of sewers;
(e)
Ground elevations on the tract, based on a datum
plane approved by the Codes Official:
[1]
For land that slopes less than approximately
2%, show spot elevations at all breaks in grade, along all drainage
channels and ditches or swales, and at selected points not more than
100 feet apart in all directions;
[2]
For land that slopes more than approximately
2%, either:
[a]
Show contours with an interval of not more than
five feet if ground slope is regular and information is sufficient
for planning purposes; or
[b]
Show contours with an interval of two feet if
necessary because of irregular land or if need is apparent for more
detailed data for preparing plans and construction drawings.
(f)
Subsurface conditions on the tract, if required
by the Planning Board: location and results of tests made to ascertain
subsurface soil, rock and groundwater conditions; depth to groundwater
unless test pits are dry at a depth of five feet; location and results
of soil percolation tests if individual sewage disposal systems are
proposed;
(g)
Other conditions on the tract: watercourses,
marshes, rock outcrop, wooded area, isolated preservable trees one
foot or more in diameter, houses, barns, shacks and other significant
features;
(h)
Other conditions on adjacent land: approximate
direction and gradient of ground slope, including any embankments
or retaining walls; and other nearby nonresidential land uses or adverse
influence; owners of adjacent unplatted land; for adjacent platted
land, refer to subdivision plat by name, recordation date and number,
and show approximate percent built up, typical lot size, and dwelling
type;
(i)
Photographs, if required by the Planning Board:
camera location, directions of views and key numbers;
(j)
Zoning: on and adjacent to the tract;
(k)
Proposed public improvements: highways or other
major improvements planned by public authorities for future construction
on or near the tract;
(l)
Key plan: showing location of the tract;
(m)
Title and certificate: present tract designation
according to official records in the office of County Clerk; title
under which proposed subdivision is to be recorded, with names and
address of owners, notation stating acreage, scale, North arrow, datum,
bench marks, certification of registered civil engineer or surveyor,
data of survey.
(2)
Preliminary layout shall be at a scale of 200 feet to one inch or larger. It shall show all existing conditions required above in Subsection B(1), Topographic data, and shall show all proposals, including the following:
(a)
Streets: names; right-of-way and roadway widths;
approximate grades and gradients; similar data for alleys, if any;
(b)
Other rights-of-way or easements: location,
width and purpose;
(c)
Location of utilities, if not shown on other
exhibits;
(d)
Lot lines, lot numbers and block numbers;
(e)
Sites, if any, to be reserved or dedicated for
parks, playgrounds, or other public uses;
(f)
Sites, if any, for multifamily dwellings, shopping
centers, churches, industry or other nonpublic uses exclusive of single-family
dwellings;
(g)
Minimum building setback lines;
(h)
Site data, including number of residential lots,
typical lot size, and acres in parks, etc.;
(i)
Title, graphic scale, North arrow and date.
(3)
Other preliminary plans. When required by the Planning
Board, the preliminary layout will also show finished or final contours
and shall be accompanied by profiles showing existing ground surface
and proposed street grades, including extensions for a reasonable
distance beyond the limits of the proposes subdivisions; typical cross
sections of the proposed grading, roadway and sidewalk; and preliminary
plan of proposed sanitary and stormwater sewers with grades and sizes
indicated. All elevations shall be based on a datum plan approved
by the Codes Official.
(4)
Draft of protective covenants whereby the subdivider
proposes to regulate land use in the subdivision and otherwise protect
the proposed development.
C.
Plats and data for final approval.
(1)
Final plat shall be drawn in black waterproof ink on tracing cloth of sheets the size of which shall be not less than 8 1/2 inches by 11 inches or more than 24 inches by 36 inches, the scale shall be 50 or 100 feet to the inch. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the Planning Board. The final plat shall show all existing conditions required in Subsection B(1) and (2) above and, in addition, shall show:
(a)
A title stating that the plan is a final plat
and the name of the subdivision;
(b)
Certification of title showing that applicant
is the owner;
(c)
Location by farm lot or military lot or other
recognized division, and position within such division;
(d)
Name and address of owner;
(e)
Name, license number and seal of the surveyor,
and his certification of the accuracy of survey and plat;
(f)
Primary control points approved by the Codes
Official, or descriptions and "ties" to such control points, to which
all dimensions, angles, bearings and similar data on the plat shall
be referred;
(g)
Tract boundary lines, right-of-way lines of
streets, easements and other rights-of-way, and property lines of
residential lots and other sites; with accurate dimensions, bearings
or deflection angles, and radii, arcs and central angles of all curves;
(h)
Location and description of monuments;
(i)
Names of record owners of adjoining unplatted
land;
(j)
Reference to recorded subdivision plats of adjoining
platted land by record name, date and number.
(2)
Cross sections and profiles of streets showing grades
approved by the Codes Official. The profiles shall be drawn to standard
scales and elevations and shall be based on datum plane approved by
the Codes Official.
(3)
A certificate by the Codes Official certifying that
the subdivider has complied with one of the following alternatives:
(a)
All improvements have been installed in accord
with the requirements of this chapter and with the action of the Planning
Board giving conditional approval of the preliminary layout; or
(b)
A bond or certified check has been posted which
is available to the municipality and in sufficient amount to assure
such completion of all required improvements.
(4)
Offers of cession by the owner, dedicating streets,
rights-of-way and any sites for public uses, and notation of the streets,
highways and parks specifically reserved to the owner.
(5)
Protective covenants in form for recording, including
covenants governing the maintenance of unceded public spaces or reservations.
(6)
Other data. Such other certificates, affidavits, endorsements
or agreements as may be required by the Planning Board in the enforcement
of this chapter.
A.
The Planning Board may waive, when reasonable, any
requirements or improvements for the approval, approval with modifications
or disapproval of subdivisions submitted for its approval. Any such
waiver, which shall be subject to appropriate conditions, may be exercised
in the event any such requirements or improvements are found not to
be requisite in the interest of the public health, safety and general
welfare or inappropriate because of inadequacy or lack of connecting
facilities adjacent or in proximity to the subdivision.[1]
B.
Large-scale development. The standards and requirements
of this chapter may be modified by the Planning Board in the case
of a plan and program for a neighborhood unit which, in the judgment
of the Planning Board, provides adequate public spaces and improvements
for the circulation, recreation, light, air and service needs of the
tract when fully developed and populated, and which also provides
such covenants or other legal provisions as will ensure conformity
to and achievement of the plan.
Any person, whether agent, architect, builder,
contractor, owner or otherwise, who violates any provision of this
chapter shall be subject to a penalty not exceeding $100 for any such
violation. Each day that any violation shall continue shall be a separate
offense.