Pursuant to the provisions of Article 7 of the Village Law,
the Village of Athens Planning Board has the power and the authority
to approve or disapprove plats for subdivision within the Village
of Athens.
In order that land in the Village of Athens may be subdivided
in accordance with the policy set forth herein, these regulations
are hereby adopted and shall be known and may be cited as the "Village
of Athens Land Subdivision Regulations."
It is declared to be the policy of the Village of Athens Planning
Board to consider land subdivision plats as part of a plan for the
orderly, efficient, and economical development of the Village. This
shall be interpreted to include the following objectives which shall
guide the Planning Board's decisions.
A.
Land must be buildable and free of hazard. Land to be subdivided
shall be of such character that it can be used safely for building
purposes without danger to health and safety or peril from fire, flood,
erosion or other menace.
B.
Proper provision shall be made for stormwater drainage, water supply,
sewage disposal, erosion control, and other needed improvements and
utilities.
C.
Proposed streets and new parks and other public ways or spaces shall
compose a convenient system conforming to the Official Map (as it
may be adopted) and shall comply with the Village of Athens Comprehensive
Plan and all other local laws.[1]
D.
The proposed development shall be aesthetically compatible with the
existing development and character of the Village in compliance with
applicable tenets of the Village of Athens Comprehensive Plan and
Architectural Design Standards (as they may be adopted).
E.
Natural and historic features shall be preserved insofar as possible.
All existing features of the landscape, such as large trees, water
and flood courses, historic sites, scenic areas, and other such irreplaceable
and environmentally sensitive areas and assets, should be preserved.
Where these regulations impose greater restrictions than are
imposed by the provision of any law, regulation or private agreement,
these regulations shall control. Where greater restrictions are imposed
by any law, regulation or private agreement than are imposed by these
regulations, such greater restrictions shall not be affected by these
regulations. Should any of these regulations conflict or be inconsistent
with any provision of the Village Law, such provision of the Village
Law shall apply.
Whenever any subdivision of land in the Village of Athens is proposed, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision before any contract for sale of any part thereof is made and before any permit for the erection of a structure in such proposed subdivision shall be granted. Approval of a proposed subdivision shall be obtained in accordance with the procedure specified in Articles II and III.
Nothing in these regulations shall prohibit the subdivider from
placing self-imposed restrictions, not in violation of these regulations,
on the development. Such restrictions, however, shall be indicated
on the plat.
A.
Except where specifically defined herein, all words used in these
regulations shall carry their customary meanings. Words used in the
present tense shall include the future. Words used in the singular
number shall include the plural, and words used in the plural number
shall include the singular, unless the context clearly indicates the
contrary. The word "shall" is always mandatory. The word "may" is
permissive.
B.
"Building" or "structure" includes any part thereof. A "building"
includes all other structures of every description except fences and
freestanding walls, regardless of dissimilarity to conventional building
forms. The word "lot" includes the word "plot" or "parcel."
C.
The word "person" includes a corporation as well as an individual.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" and "occupied by or for."
For the purpose of these regulations, certain words used herein
are defined as follows:
A public or private way located through the interior of blocks
and permanently reserved as a secondary means of access to abutting
property.
The land adjoining one side of a street between two consecutive
junctions of said street with roads, railway rights-of-way or waterways
crossing or meeting said side of street.
A lot having a buildable area capable of accommodating proposed
principal and accessory improvements and including, where required,
an on-site water supply facility and sewage treatment system that
meet the standards of the Greene County Department of Health.
Any structure other than a freestanding wall or fence.[1]
The space within which a structure is permitted to be built
on a lot and that is defined by maximum height regulations and minimum
yard setbacks and includes all areas of disturbance, including yards,
septic fields, well fields, and driveways.
The ground floor area of any building measured from the outside
of the exterior walls at the foundation.
The line of that face of the building nearest the front property
line of the lot. This face includes sun parlors and covered porches,
whether enclosed or unenclosed, but does not include steps.
The three-dimensional bulk of a structure height, width,
and depth, height to be measured as height from grade to eave plus
1/2 height from eave to ridgeline of roof.
The relationship between the mass of a building and its surroundings,
including the width of street, open space, and mass of surrounding
buildings.
A line parallel to the street curbline along which at least
50% of a building's outside wall must be built. Lots fronting
on more than one street shall contain a build-to line along each of
the streets on which the lot faces. A build-to line typically runs
parallel to the front property line and is established to create an
even building facade line on a street.
Zoning requirements related to such things as lot area, yard dimensions, percentage of lot covered and regulations other than land use. Such requirements are set forth in Chapter 250, Zoning.
The subdivision of an area into lots which are smaller than would customarily be permitted by Chapter 250, Zoning, the density of development is no greater than would be permitted in the district by conventional development, and the residual land produced by the smaller lot size is used for common recreation and open space.
The long-range plan intended to guide growth and development
of the Village, expressing official policy on the course of its housing,
public utilities, community facilities, transportation and land use
distribution and intensity and adopted according to New York State
Village Law.
A conceptual sketch showing the proposed subdivision in relation
to existing conditions and with reference to the minimum lot and area
requirements of the zoning district in which the property is located.
The approval of the conceptual sketch layout of a proposed
subdivision but subject to the approval of the plat in preliminary
or final form in accordance with the provisions of this chapter.
Approval by the Planning Board of a preliminary or a final
plat subject to such conditions as may be set forth by the Planning
Board in a resolution conditionally approving such plat. Such conditional
approval does not qualify a final plat for recording nor authorize
issuance of any building permits prior to the signing of the plat
by a duly authorized officer of the Planning Board and recording of
the plat in the office of the County Clerk or Registrar as herein
provided until the Chairperson of the Planning Board or Code Enforcement
Officer certifies that all conditions have been met.[2]
A subdivision approved pursuant to Article 7 of the Village Law wherein the Planning Board modifies applicable dimension provisions of Chapter 250, Zoning, for the purposes of enabling and encouraging preserving the natural and scenic qualities of open land. The allowable number of building lots or dwelling units allowed shall not exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the otherwise applicable minimum lot size and density requirements of the Chapter 250, Zoning. Lot sizes, road frontages, and other bulk dimensions are allowed to be relaxed so that at least 50% of the land is left in its natural open space condition in perpetuity Conservation development results in a flexibility of design and development to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities, and to preserve the natural and scenic qualities of open lands.
The curved edge of streets at an intersection measured at
the outer edge of the street curb.[3]
The gravitational movement of a liquid substance, normally
water, from its place of origin via surface runoff within or outside
developed channels or via baseflow (subsurface) or overland flow.
A grant of one or more of the property rights by the property
owner to and/or for use by the public, a corporation, or another person
or entity.
The process by which the surface of land is worn away by
the action of water, wind and/or rain.
A plan showing mitigation measures, such as vegetation and
structures, in sufficient quantity and substance to prevent erosion
and sedimentation, also includes a schedule for the implementation
of such plan.
A drawing prepared by a New York State licensed professional
engineer or land surveyor (with appropriate certification), in a manner
prescribed by these regulations, showing a proposed subdivision and
containing, in such additional detail as shall be provided by these
regulations, all information required to appear on a preliminary plat
and the modifications, if any, required by the Planning Board at the
time of approval of a preliminary plat of such proposed subdivision
if such preliminary plat has been so approved and which, if approved,
may be filed or recorded by the owner in the office of the Greene
County Clerk.
The signing of a plat in final form by a duly authorized
officer of the Planning Board pursuant to a Planning Board resolution
granting final approval to the plat or after conditions specified
in a resolution granting conditional approval of the plat are completed.
Such final approval qualifies the plat for recording in the office
of the County Clerk.[4]
An interconnected system of streets that is primarily a rectilinear
grid in pattern.
A parcel of land, with or without buildings or structures,
delineated by property lines and recorded in the office of the County
Clerk of Greene County.
An innovative stormwater management approach with a basic
principle that is modeled after nature: manage rainfall at the source
using uniformly distributed, decentralized, microscale controls. LID's
goal is to mimic a site's predevelopment hydrology by using design
techniques that infiltrate, filter, store, evaporate, and detain runoff
close to its source and limit municipal management of source stormwater.
LID addresses stormwater through small, cost-effective landscape features
located at the lot level.
The act of creating one parcel out of two or more existing
parcels, without regard to whether such parcels were previously subdivided.
The map, and any amendments thereto, adopted by the Village
Board under § 7-724 of the Village Law and that shows all
existing and proposed municipal streets, parks, and infrastructure.
This map is not the Official Zoning Map.
A right-of-way, publicly or privately owned, intended for
human movement by walking or biking.
The Village of Athens Planning Board.
Pocket (block) parks are intended to meet the needs of residents
or workers within about a tenth of a mile. Pocket parks are less than
20,000 square feet, with no minimum size. No parking is needed. Pocket
parks may include such elements as small-scale play equipment, public
gardens, seating areas, passive open space, landscaped areas, important
natural features, or trees.
A drawing prepared in the manner prescribed in Article III of this chapter showing the layout of a proposed subdivision, including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, and all proposed facilities, including preliminary plans and profiles, at suitable scale and in such detail as this chapter requires.
The approval of a proposed subdivision as set forth in a preliminary plat but subject to the approval of the final plat in accordance with the provisions of Article III.
A change in a subdivision plat or resubdivision plat filed
in the office of the Greene County Clerk which change affects any
street layout shown on such plat, affects any area reserved thereon
for public use, or diminishes the size of any lot shown thereon.
A portion of the Environmental Conservation Law which incorporates
the consideration of environmental factors in the planning, review
and decision-making process at the earliest possible time.
The distance between the building and any lot line.
FRONTThe space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.
SIDEThe space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.
REARA space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
A right-of-way for vehicular traffic, including road, alley,
avenue, lane, highway or other way.
A state or federal highway.
A line midway between and parallel to the street right-of-way.
A street which carries traffic from subdivision streets to
the arterial highways. Collectors may also serve as secondary arterials
to carry traffic.
A street with only one vehicular traffic outlet, culminating
in a turnaround.[5]
Functional elements of the streetscape, including, but not
limited to, benches, trash receptacles, planters, kiosks, public gazebos,
signposts, bicycle racks, railings and fences, fountains, and memorials.
A street with only one vehicular traffic outlet which loops
around back onto itself.
A street adjacent and parallel to an arterial or collector
street, the function of which is to limit access points between the
arterial or collector street and the abutting properties.
A street intended to serve primarily as an access to abutting
residential properties.[6]
The wearing or exposed surface of the roadway used by vehicular
traffic.
A private thoroughfare or right-of-way, dedicated or deeded
for use as such, which provides access to abutting properties from
a public street.
An existing municipal highway or road shown upon a subdivision
plat approved by the Planning Board and dedicated and accepted by
the Village Board or on a plat duly filed and recorded in the office
of the County Clerk prior to the appointment of the Planning Board
and the grant to such Board of the power to approve subdivision plats.
The sum of the man-made and planted features that create
the character of the street as a public space. Streetscape features
may be located within and adjacent to the right-of-way. Streetscape
features include street trees and plantings, streetlights, street
furniture, sidewalks, median strips and islands, public art, banners
and flags, signs and awnings, and similar publicly visible features.
The distance between property lines.
Any person, firm, corporation, partnership, or association
who or which shall lay out, for the purpose of sale or development,
any subdivision or part thereof as defined herein, either for himself
or others.
The division of any parcel of land into two or more lots,
plots, sites, or other subdivision of land, with or without streets,
for the purpose of immediate or future sale or building development.
Such division shall include resubdivision of plats already filed in
the office of the County Clerk if such plats are entirely or partially
undeveloped.
MINOR SUBDIVISIONAny subdivision containing not more than two lots, each to be of at least the minimum size as permitted by Chapter 250, Zoning (as it may be adopted), each fronting on an existing public street, not involving any new street or road or the extension of municipal facilities, not adversely affecting the development of the remainder of the parcel or adjoining properties, and not in conflict with any provision or portion of the Comprehensive Plan (as it may be adopted) The merger or combination of parcels, as that term is defined herein, shall also be considered a minor subdivision and the regulation set forth herein shall apply thereto.
MAJOR SUBDIVISIONAny proposed subdivision in which land is to be divided into three or more lots within a period of two years from the date of approval of the first subdivision and that is not classified as a minor subdivision.
The duly appointed Village Superintendent of Public Works
or other such authorized official.
Any body of land, including contiguous parcels of land under
one ownership or under common control of any group of persons, even
if such land is divided by a street.
An engineering firm, appointed by the Village Board, to represent
the Village in the subdivision review, construction and dedication
process.
A spring, stream, marsh or channel in which water historically
flows continuously 12 months a year.
A spring, stream, marsh or channel in which water historically
flows less than 12 months a year.
