[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy 4-11-1972.
Amendments noted where applicable.]
GENERAL REFERENCES
Affordable housing — See Ch. 45.
Environmental quality review — See Ch. 95.
Excavations — See Ch. 98.
Flood damage prevention — See Ch. 113.
Historic preservation — See Ch. 124.
Housing standards — See Ch. 128.
Sewers — See Ch. 168.
Streets and sidewalks — See Ch. 176.
Water — See Ch. 210.
Zoning — See Ch. 215.
By authority of the resolution adopted by the Village Board of Trustees
in February 1971, pursuant to the provisions of the Village Law, the Planning
Board of the Village of LeRoy is empowered and authorized to approve plans
for land subdivision within the Village of LeRoy. These regulations are adopted
for the purpose of providing for the future growth and development of the
village and affording adequate facilities for the housing, transportation,
distribution, comfort, convenience, safety, health and welfare of its population
and to establish rules for the processing, design and construction of subdivisions.
These regulations shall be known and may be cited as the "Village of
LeRoy Subdivision Regulations," hereinafter referred to as the "subdivision
regulations."
In interpreting the requirements of the subdivision regulations, they
shall be held to be the minimum requirements for the creation of conditions
favorable to the health, safety, morals and general welfare of the citizens
of the village. It is not intended by the subdivision regulations to repeal,
abrogate, annul or in any way impair or interfere with existing provisions
of other laws or ordinances, except those specifically repealed by the subdivision
regulations, or private restrictions placed upon property by covenant, deed
or other private agreements, or restrictive covenants running with the land
to which the village is a party. Where the subdivision regulations impose
a greater restriction than is imposed or required by other provisions of law,
ordinance, regulation, contract or deed, the provisions of the subdivision
regulations shall control.
For the purpose of these regulations, the following words and terms
shall have the meaning indicated:
A performance bond approved by the Village Board. Such bond shall
be issued either by a bonding or surety company or by the subdivider with
security acceptable to the Village Board. Such security shall accompany the
performance bond when the performance bond is issued by the owner and may
be in the form of cash, certified check or United States Government bearer
bonds deposited with the Village Board in the full amount of the obligation.
Said performance bond shall be kept in force in its full amount until acceptance
of dedication of all streets and other areas by the village. It may be extended
or modified as provided in § 7-730 of the Village Law. Any performance
bond required by these regulations shall be issued by a bonding or surety
company approved by resolution of the Board of Trustees, or by the subdivider
with security acceptable to the Board of Trustees, and such performance bond
shall also be approved by the Village Attorney as to form, sufficiency and
manner of execution. The Planning Board shall have the power to modify the
face amount of the bond as provided in § 7-730 of the Village Law.
Authorization by a property owner for the use by another or others
or the general public, for a specified purpose, of any designated part of
his property.
The duly designated engineer of the village or, if there be no such
official, the licensed engineer employed by or assigned to the Planning Board.
A drawing clearly marked "final subdivision plat," in final form,
upon which the owner's plan of subdivision is presented to the Planning
Board for approval and which, if approved, shall be submitted to the County
Clerk for recording.
A comprehensive plan for the development of the village as authorized
in § 7-718 of the Village Law.[1]
For the purpose of defining the number of parcels within a subdivision
or small subdivision, if the owner of a parcel at the time of subdividing
retains an area which would qualify as a residential lot or residential building
plot or more, such retained portion shall not be considered a lot or plot
or other division of land for purposes of these regulations unless and until
an application is made to turn that retained building lot or portion thereof
into an approved residential lot.
[Added 9-22-1986 by L.L. No. 2-1986]
The Planning Board of the Village of LeRoy, New York.
A map clearly marked "preliminary plat" showing salient features
of a proposed subdivision, to be submitted to the Planning Board for its consideration.
A preliminary sketch or drawing of a proposed subdivision showing
rough general information to enable the subdivider to save time and expense
in reaching general agreement with the Planning Board as to the layout of
the proposed subdivision and the possible conditions upon the Planning Board's
approval thereof.
Any tract of land which is divided into two, three or four parcels,
after the effective date of this amendment, along an existing dedicated street,
which exists as of the date of this amendment, for sale or for rent as residential
lots or residential building plots, regardless of whether the lots or plots
to be sold or offered for sale, or leased for any period of time, are described
by metes and bounds or by reference to a map or survey of the property and
by any other method of description required by the subdivision regulations
of the Village of LeRoy and regardless of whether the lots or plots are contiguous.
[Added 9-22-1986 by L.L. No. 2-1986]
Land between right-of-way lines, used by people to move from one
place to another, and includes roads, alleys, courts, paths and highways.
There may be either pedestrian or vehicular traffic on the following:
PRIMARY STREETA thoroughfare designed to carry a high volume of traffic and used primarily as a traffic artery for circulation between major areas of traffic generation in the community.
COLLECTOR STREETA network of streets which provides the major circulation route within a district bounded by the primary streets.
RESIDENTIAL STREETStreets built primarily to serve the abutting property.
The wearing or exposed surface of the roadway used by vehicular traffic.
The width of right-of-way, measured at right angles to the center
line of the street.
The registered owner of the land proposed to be subdivided, the subdivision
developer or the agent of either of them.
Any tract of land which is divided into five or more parcels, after
the effective date of this amendment, along existing or proposed streets,
highways, easements or rights-of-way for sale or for rent as residential lots
or residential building plots, regardless of whether the lots or plots to
be sold or offered for sale, or leased for any period of time, are described
by metes and bounds or by reference to a map or survey of the property and
by any other method of description required by the subdivision regulations
of the Village of LeRoy and regardless of whether the lots or plots are contiguous.
A tract of land shall constitute a subdivision upon the sale, rental or offer
for sale or lease of the fifth residential lot or residential building plot
therefrom within any consecutive three-year period, and at this time the provisions
of § 1116 of the Public Health Law shall apply to all such parcels
thereof, including the first four parcels, regardless of whether said parcels
have been sold, rented or offered for sale or lease singly or collectively.
[Amended 9-22-1986 by L.L. No. 2-1986]
A person licensed as a land surveyor by the State of New York.
Any body of land, including contiguous parcels of land, under one
ownership or under common control of any group of persons acting in concert
as part of a common scheme or plan.
[Added 9-22-1986 by L.L. No. 2-1986]
A.
Whenever any subdivision of land is proposed to be made,
and before any contract for sale of, or any offer to sell, any lots in such
subdivision or any part thereof is made, and before any building permit for
the erection of a structure in such proposed subdivision shall be granted,
the subdivider or his duly authorized agent shall apply to the Planning Board
in writing for approval in accordance with the following procedures.
B.
Application requirement for small subdivision and building
permit.
[Added 9-22-1986 by L.L. No. 2-1986]
(1)
Whenever any subdivision of land is proposed to be made, and before any contract for sale of, or any offer to sell, any lots in such subdivision or any part thereof is made, and before any building permit for the erection of a structure in such proposed subdivision shall be granted, the owner of such land shall file with the Village of LeRoy Planning Board a survey map done by a licensed surveyor which shall show the dimensions of the property and divisions thereof along with easements and rights-of-way. If dimensions of the lots and plots within the small subdivision meet the zoning and building requirements of the Village of LeRoy and the small subdivision is located along an existing street which is served by village water, sewer and highway, then the Planning Board, upon the advice of the Superintendent of Public Works, shall instruct the Code Enforcement Officer to issue building permits for each lot or parcel within the small subdivision. It shall be the responsibility of that party to whom the building permit is issued and a condition of that building permit, to install concrete sidewalks that are at least four feet wide. They shall be located in the right-of-way at least one foot from the street boundary and parallel to said street boundary. Construction shall be in accordance with Article VI, Sidewalk Specifications, of Chapter 176 of the Code of the Village of LeRoy, as adopted.
(2)
Further, if dimensions of the lots and plots within the
small subdivision meet the zoning and building requirements of the Village
of LeRoy and the small subdivision is located along an existing dedicated
street, but the existing dedicated street does not have within the bounds
of the proposed small subdivision the necessary services, such as village
water, sewer and/or highway, it will be necessary for the owner to post a
performance bond from a reputable insurance company, which performance bond
shall guarantee that all necessary services shall be placed upon the small
subdivision by the owner. The Planning Board, upon the advice of the Superintendent
of Public Works, may instruct the Code Enforcement Officer to issue building
permits for each lot or parcel within such small subdivision when it is satisfied
that the performance bonds will protect the Village of LeRoy and provide the
necessary services for each lot within such small subdivision and meet the
necessary building and zoning requirements. The owner of a small subdivision
may deposit with the Village of LeRoy a sum equivalent to 110% of the estimated
cost of providing the necessary services upon the street within the small
subdivision. This sum must, however, be agreed upon by both the Village of
LeRoy and the owner. Once the sum has been agreed upon by both parties and
deposited with the Village of LeRoy, the Planning Board may then treat this
transaction as the equivalent of the posting of a performance bond and proceed
accordingly.
A.
Submission of sketch plan. Any owner of land, prior to
subdividing or resubdividing land, shall submit to the Planning Board two
copies of a sketch plan of the proposed subdivision or resubdivision for the
purposes of preliminary discussion with the Planning Board.
B.
Discussion of requirements. The subdivider or his representative
shall attend the meeting of the Planning Board to discuss the requirements
of these regulations for street improvement, drainage, sewage, water supply,
fire protection and similar aspects, as well as the availability of existing
services and other pertinent information.
C.
Study of sketch plan. The Planning Board shall determine
whether the sketch plan meets the general purposes of these regulations and
shall, where it deems necessary, make specific recommendations to be incorporated
by the applicant in the next submission to the Planning Board.
A.
Application and fee. Prior to the filing of an application for the approval of a final subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision in the form described in § 180-13 hereof. The preliminary plat shall in all respects comply with requirements set forth in the Village Law and § 180-13 of these regulations, except where a waiver may be specifically authorized by the Planning Board. The application for conditional approval of the preliminary plat shall be accompanied by a fee of $50, plus $10 per lot or site in the proposed subdivision.
B.
Number of copies. Five copies of the preliminary plat
shall be presented to the Village Clerk for distribution to the Board members
prior to the meeting of the Planning Board.
C.
Subdivider to attend Planning Board meeting. The subdivider
or his representative shall attend the meeting of the Planning Board to discuss
the preliminary plat.
D.
Study of preliminary plat. The Planning Board shall study the preliminary plat, taking into consideration the purposes of these regulations and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, the relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining land as yet unsubdivided, and the requirements of the Master Plan and zoning regulations. The Planning Board shall also study park areas to be acquired by the village or require a cash payment in lieu thereof, as provided in § 180-11.
E.
When officially submitted. The date of submission of
the preliminary plat shall be considered to be the date of the meeting of
the Planning Board at which the preliminary plat is first filed. A preliminary
plat is not deemed to be filed unless it complies with all of the regulations
and is accompanied by the fee required.
F.
Decision on preliminary plat.
(1)
Within 45 days after the date of submission of the preliminary
plat, the Planning Board shall either approve, conditionally approve or disapprove
said preliminary plat. Failure of the Planning Board to act within 45 days
from the date of submission shall constitute an approval of the preliminary
plat. However, any disposition on such preliminary plat, whether it be approval,
conditional approval or approval by reason of the Planning Board's failure
to act within the above-mentioned forty-five-day period, shall be without
prejudice to any subsequent action which may be taken upon any further conditions,
suggestions, modifications or objections as to the final subdivision plat.
(2)
If the Planning Board disapproves a preliminary plat,
or if it conditionally approves the plat, the Board must state in writing
the reasons for the disapproval or the conditions upon the conditional approval,
as the case may be. Such reasons or conditions may pertain but are not limited
to any of the following:
(a)
Specific changes which will be required in the preliminary
plat.
(b)
Character and extent of required changes or improvements
for which waivers may have been requested and which, in the Board's opinion,
may be waived without jeopardy to the public health, safety, morals and general
welfare.
(c)
Cost of improvements for which bonds or other security
may be required.
(d)
Sums of cash payment tentatively requested in lieu of
a conveyance of park areas.
(3)
If the Planning Board disapproves a preliminary plat,
the subdivider concerned may submit a revised preliminary plat, correcting
the reasons for the disapproval, without paying another preliminary plat filing
fee if the revision is filed with the Village Clerk within six months of the
date of the Planning Board's disapproval. Extensions of this time period
for specific periods of time may be granted in the discretion of the Planning
Board for good cause shown at any time during the original six-month period.
(4)
If the Planning Board conditionally approves a preliminary
plat, the conditions upon the approval must be fulfilled to the satisfaction
of the Planning Board before the Village Clerk may accept for filing the application
for approval of the final subdivision plat from the subdivider concerned.
(5)
The action of the Planning Board shall be noted on three
copies of the preliminary plat, one of which shall be returned to the subdivider
and two of which shall be retained by the Planning Board. The minutes of the
Planning Board must reflect the action of each member of the Board present
at the time the action on the preliminary plat is taken. Conditional approval
of a preliminary plat shall not constitute approval of the subdivision 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 subdivision
plat, which will be submitted for approval of the Planning Board and for recording
upon fulfillment of the requirements of these regulations and the condition
of a conditional approval, as the case may be. Prior to approval of the subdivision
plat, the Planning Board may require additional changes as a result of further
consideration or as a result of the public hearing.
A.
Application for approval. Within six months after the
decision of the Planning Board with respect to the preliminary plat, the subdivider
shall file with the Village Clerk for consideration by the Planning Board
an application for the approval of the final subdivision plat, together with
other documents as required by these regulations. In the event that such application
is not submitted within said six months, the application shall be considered
withdrawn, and any conditional approval or waivers of required improvements
by the Planning Board shall be considered lapsed unless an extension of time
is applied for and granted by the Planning Board.
B.
Basis for approval of final subdivision plat. The application
for approval of the final subdivision plat shall incorporate the general and
specific requirements of the regulations and the conditions required by the
Planning Board as the result of the study of the preliminary plat. In approving
the final subdivision plat, the Planning Board shall apply the regulations
to assure that streets and highways are of sufficient width, suitable grade
and of suitable location to accommodate prospective traffic, to afford adequate
light and air, to facilitate fire protection, to provide access of fire-fighting
equipment to buildings and to be coordinated so as to compose a convenient
system conforming to the Official Map, if any, and properly relate it to the
proposals shown by the Planning Board on the Master Plan; that the land shown
on such plats shall be of such a character that it can be used safely for
building purposes without danger to health or peril from fire, flood or other
menace; that suitable monuments have been placed at such block corners and
other necessary points as may be required by the Board and the locations thereof
are shown on the map of such plat; that the parks shall be of reasonable size
for neighborhood playgrounds or other recreational uses; that all streets
or other public places shown on such plats shall be suitably graded and paved;
and that sidewalks, streetlighting standards, curbs, gutters, street trees,
water mains, fire alarm signal devices, including necessary ducts on cables
or other connecting facilities, water mains, sanitary sewers and storm drains
or combined sewers and storm drains shall be installed in accordance with
the standards, specifications and procedures acceptable to the appropriate
village departments. In making such determinations regarding streets, highways,
parks and required improvements, the Planning Board shall take into consideration
the prospective character of the development, whether dense residence, open
residence, business or industrial.
C.
Application fee. Application for approval of the final
subdivision plat shall be submitted in writing to the Planning Board at least
10 days prior to the meeting of the Planning Board and be accompanied by a
fee of $100, plus $10 for each lot or identifiable site.
D.
Number of copies. A subdivider shall submit one copy
of the application for the approval of a subdivision plat and three copies
(one copy in ink or linen) of the plat, the original and one true copy of
all offers of cession, covenants and agreements, and two prints of all construction
drawings, at least 10 days in advance of the meeting of the Planning Board
at which such application will be presented. Formal offers of cession to the
public of all streets, highways or parks shall be filed with the Village Clerk
for distribution to the members of the Planning Board.
E.
Date of submission. The time of submission of the subdivision
plat shall be considered to be the date of the meeting of the Planning Board
at least 10 days prior to which the application for approval of the subdivision
plat, complete and accompanied by the required fee and all data in compliance
with these regulations, has been filed with the Village Clerk.
F.
Endorsement of other agencies. Water and sewer facility
proposals contained in the subdivision plat shall be properly endorsed and
approved by the Health Department as now or hereafter required by law.
G.
Public hearing. A public hearing shall be held by the
Planning Board within 30 days after the date of the submission of the final
subdivision plat and prior to the action on the final subdivision plat. Said
public hearing shall be advertised at least once in a newspaper of general
circulation in such village, and a notice of hearing shall be posted in at
least three prominent places in the village at least five days before such
hearing.
H.
Action on proposed subdivision plat. The Planning Board
shall, within 45 days from the date of submission of the subdivision plat,
approve, modify and approve or disapprove the subdivision plat or the proposed
development thereof. Such subdivision plat shall be deemed to have been approved
pursuant to the Village Law in the event that the Planning Board fails to
have a public hearing within the period of 45 days and to take action as herein
described.
I.
Minutes of the Planning Board meeting. The minutes of
the meeting of the Planning Board at which it acts on the proposed subdivision
plat shall contain a resolution of the Planning Board which shall contain
at least the following:
(1)
Whether the subdivision plat is approved, approved with
modifications or refused. (The Planning Board may take one of the three courses
of action.) The approval or approval with modifications shall be with respect
to the entire subdivision plat, even though the subdivision plat may be developed
in sections.
(2)
The specific modifications of the subdivision plat if
the approval is with modifications.
(3)
The specific grounds for refusal if the subdivision plat
is refused.
(4)
Whether the subdivision plat may or may not be further
subdivided into sections for development by the subdivider and, if so, an
exact description of the separate sections which the subdivider may develop.
The conditions which the Planning Board may deem necessary to the orderly
development of the entire subdivision plat shall also be stated. The decision
with respect to sections and the conditions may not be left for the future
consideration of the Planning Board but must be concurrent with the approval
of the entire subdivision plat. The Planning Board may not approve any section
for development which shall contain less than 10% of the total number of lots
contained in the approved subdivision plat.
(5)
A declaration or direction that the approval of the subdivision
plat shall expire within 90 days (unless extended by the Planning Board for
two additional periods of 90 days and not to exceed two such periods), unless
within such ninety-day period the subdivider shall do the following acts in
the order set forth below:
(a)
First: The improvements as shown on the subdivision plat or section thereof shall be completed and installed, or, in the alternative, a bond therefor shall be posted with the Village Board, all as required by § 180-9.
(b)
Second: Offers of cession shall have been filed with
the Planning Board as to all of the streets and parks shown on the subdivision
plat, whether or not sections thereof are approved.
(c)
Third: The endorsement of approval in writing on the
plat or section shall be obtained from the Planning Board. The Planning Board
shall not endorse its approval on the subdivision plat or any section thereof
until the above first and second requirements are fully complied with.
(d)
Fourth: The subdivision plat or a section thereof shall
be filed in the Genesee County Clerk's office as required by § 7-732
of the Village Law. If the subdivider shall file only a section of an approved
subdivision plat within such ninety-day period, the approval of the remaining
sections of the approved subdivision plat shall expire, unless said sections
are filed before the expiration of the exception period stated in § 7-708
of the Village Law. The subdivider must in this case file a subdivision plat
with the Village Clerk as required by § 7-730 of the Village Law.[1]
(6)
A specification of the amounts of bonds required for
the entire subdivision plat, and separate amounts for each section thereof.
A.
Before the Planning Board endorses its approval in writing on the subdivision plat or a section thereof, the subdivider shall follow the course of action contemplated by § 180-8I(5), and the subdivider shall either post a bond to cover the cost of required improvements or install and complete the required improvements as the same are hereinafter defined. The Planning Board shall not endorse its approval on any subdivision plat or section thereof after 90 days from the date of approval of the subdivision plat, unless the Planning Board has extended the time for doing so. The Planning Board may extend such time for not to exceed two additional periods of 90 days each. After the subdivision plat or section thereof has been endorsed with the approval of the Planning Board, it shall thereafter be filed in the Genesee County Clerk's office by the subdivider. One duplicate copy thereof, with proof of filing in the Clerk's office, shall also be filed with the Planning Board by delivery of the same to the Village Clerk. Until the subdivision plat or section thereof has been filed with the County Clerk, the subdivider shall not offer for sale nor sell any lots in the subdivision, nor shall anyone be issued any permits for the erection of any buildings or other structures in the subdivision or any part thereof. If the subdivider files only a section, the approval of the remaining sections shall expire unless said sections are filed before the expiration of the exemption period to which the subdivision plat is entitled under § 7-708 of the Village Law. The subdivider shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the Genesee County Clerk.[1]
B.
No plat or section thereof shall be filed in the Genesee
County Clerk's office until the approval of the Planning Board shall
be endorsed in writing on the plat or section. The endorsement shall be made
by writing the words "Approved by Planning Board of the Village of LeRoy on
. . .," and the date of the resolution shall be inserted thereon and the same
signed by the Chairman of the Planning Board. The Planning Board Chairman
shall also write on the plat whether or not the plat conflicts with the County
Official Map, if any, and whether the plat has been approved under § 239-k
of the General Municipal Law,[2] if required.
[2]
Editor's Note: Section 239-k of the General Municipal Law was
repealed by L.1997, c. 451, § 2, effective July 1, 1998.
A.
"Required improvements" shall be defined as all improvements shown on the approved subdivision plat and/or specifications and any other improvements particularly required by the Planning Board. The specific requirements of § 180-14 of these regulations shall be completed unless specifically waived or modified by the Planning Board. The subdivider shall install and complete all required improvements within the period specified by the Planning Board.
B.
Inspection. At least 10 days prior to the construction
of improvements, the subdivider shall notify the Village Clerk in writing
of the construction of such improvements so that the Village Board of Trustees
shall have an opportunity to inspect them. The failure of the Village Board
of Trustees or its agents or employees to object to or to take action against
construction of improvements which have not been approved shall not be a waiver
of the requirements of these regulations or the required improvements. The
Village Board of Trustees or its agent designated for this purpose may inspect
the subdivision in order to assure satisfactory completion of improvements.
The Village Engineer also shall inspect the subdivision at various times in
order to assure satisfactory completion of improvements. If the Village Board
or its agent for the purpose of inspections notes a failure to satisfactorily
complete required improvements or some other discrepancy from approved plans,
the Board shall notify the Village Engineer and request his opinion.
C.
Discrepancies; procedures for correction.
(1)
If the Village Engineer, either as a result of his own inspections or as an opinion rendered at the request of the Village Board, finds that required improvements have not been completed in accordance with Subsection A of this section, above, in a manner approved by the Village Engineer, he shall immediately report such facts to both the Planning Board and the Village Board of Trustees. The Village Board of Trustees shall then notify the subdivider in writing of the discrepancy as noted by the Village Engineer, setting forth in such notification a reasonable time for the subdivider to correct the discrepancy to the satisfaction of the Village Engineer. At the same time, the Village Board of Trustees shall take all necessary steps to protect the village's rights under the performance bond, including but not limited to notifying the bonding company of the discrepancy found.
(2)
No plat submitted by a subdivider who has been notified
of a discrepancy or discrepancies shall be approved by the Planning Board
until such discrepancy or discrepancies is or are corrected by the subdivider
to the satisfaction of the Village Engineer. If such corrections are not undertaken
by the subdivider but are completed by the village, no such plat shall be
approved by the Planning Board until the village is fully compensated for
all funds expended and work undertaken by the village to make the corrections.
Nothing in this subsection shall be construed to require such approval by
the Planning Board after these conditions are met.
(3)
No building permit shall be issued to anyone for any
new building on any lot or lots in a subdivision in which a discrepancy or
discrepancies has or have been noted and where the subdivider has been notified
in accordance with the above provisions, until such discrepancy or discrepancies
is or are corrected by the subdivider to the satisfaction of the Village Engineer.
If such corrections are not undertaken by the subdivider and are completed
by the village, no such building permit shall be issued until the village
is fully compensated for all funds expended and work undertaken by the village
to make such corrections. Nothing in this subsection shall be construed to
require such issuance of building permits after these conditions are met.
The subdivider shall observe the following general requirements and
principles of land subdivision in preparing both the preliminary plat and
the final subdivision plat:
A.
General. 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 menaces. Subdivisions shall conform to
the Official Map of the village and shall be in harmony with the Master Plan
or with any other official village plan which has been prepared.
B.
Specifications. All required improvements shall be constructed
or installed to conform to the Village Standard Specifications. Materials
and procedures shall also conform to said specifications. Copies of the Village
Standard Specifications may be obtained from the Village Superintendent of
Public Works.
C.
Street layout.
(1)
Arrangement. The arrangement of streets in the subdivision
shall provide for the continuation of principal streets of adjoining subdivisions
and for proper projection of principal streets into adjoining properties which
are not yet subdivided, in order to make possible necessary fire protection,
movement of traffic and the construction or extension, presently or when later
required, of needed utilities and public services, such as sewers, water and
drainage facilities. Where, in the opinion of the Planning Board, topographic
or other conditions make such continuance undesirable or impracticable, the
above conditions may be modified.
(2)
Residential streets. Residential streets shall be so
laid out that their use by through traffic will be discouraged.
(3)
Dead-end streets. A dead-end street shall be prohibited,
except as a stub to permit future street extensions into adjoining tracts
or when designed to be so permanently, shall not be longer than 800 feet and
shall be provided at the closed end with a turnaround or cul-de-sac having
an outside roadway radius of at least 55 feet and a street lot line radius
of at least 75 feet.
(4)
Reserve strips. Reserve strips controlling access to
streets or to other land dedicated or to be dedicated to public use shall
be prohibited, except where their control is definitely placed in the village
under conditions approved by the Planning Board.
D.
Street alignment.
(1)
Deflection. For purposes of sight distance and proper
design, whenever street lines are deflected in excess of 10°, connection
shall be made by horizontal curves; provided, however, that a long radius
curve shall be used, rather than a series of curves connected by short tangents.
(2)
Sight distances. To ensure adequate sight distance, minimum
center line radii for horizontal curves shall be as follows:
|
Type of Street
|
Minimum center line radii
(feet)
| |
|---|---|---|
|
Primary streets
|
500
| |
|
Collector streets
|
350
| |
|
Residential streets
|
250
|
(3)
Intersection angle. Streets shall be laid out to intersect
as nearly as possible at right angles. No street shall intersect another at
an angle of less than 60°.
(4)
Multiple intersections. Multiple intersections involving
junction of more than two streets shall be prohibited.
(5)
Street jogs. Streets entering opposite sides of one another
shall be laid out directly opposite one another. Street jogs of less than
200 feet center line shall be prohibited.
(6)
Curb radii. Minimum curb radii shall be 20 feet for intersections,
or a greater radius for primary and collector streets, as may be deemed necessary
by the Engineer.
(7)
Street corners. Street rights-of-way at street intersections
shall be rounded with a radius of 10 feet or with 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.
(8)
Existing streets. Existing streets within the subdivided
property shall be widened to achieve the width appropriate to the type of
street.
E.
Block size. Blocks generally shall not be less than 500
feet nor more than 1,400 feet in length. In long blocks, the Planning Board
may require the reservation of a twenty-foot-wide easement through the block
to provide for the crossing of underground utilities. Pedestrian walks not
less than 10 feet in width, property line to property line, may be required
where deemed essential to provide circulation or access to schools, playgrounds,
shopping centers, transportation and other community facilities.
F.
Street design.
(1)
Street widths. Minimum right-of-way and pavement widths
shall not be less than as follows:
|
Street Classification
|
Minimum Right-of-Way
(feet)
|
Minimum Pavement Width
(feet)
| |
|---|---|---|---|
|
Primary
|
80
|
48
| |
|
Collector
|
66
|
36
| |
|
Residential
|
50
|
28
|
(2)
Grades. Street grades shall not be less than 0.6%. This
requirement may be reduced to 0.4% if there are combination curb and gutters,
plain gutters or concrete base pavement, but only with the approval of the
Engineer. The maximum street grade shall not exceed 5% and shall be held to
a maximum of 3% for a distance of 100 feet in any direction from the point
of intersection of the street center lines. Where deemed necessary, changes
in grade shall be connected by vertical curves of such length and radius as
meet with the approval of the Engineer so that clear visibility shall be provided
for a safe distance.
(3)
Street construction. The type and method of street construction
shall be in accordance with the Village Standard Specifications for each classification
of street.
G.
Watercourse. Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater easement
or drainage right-of-way of not less than 20 feet in width conforming substantially
with the lines of such watercourse, and such further width or construction,
or both, as will be adequate for the purpose. Parallel streets or parkways
may be required in connection therewith.
H.
Lots. Lot dimensions and sizes shall not be less than specified by provisions of Chapter 215, Zoning, of the Code of the Village of LeRoy. Corner lots shall have extra width to permit appropriate building setback from and orientation to both streets. The subdivision of land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street or highway. Side lot lines shall be substantially at right angles or radial to street right-of-way lines.
I.
Parks and open spaces.
(1)
Shown on Master Plan. Where a proposed park, playground
or other recreational facility shown on a Master Plan is located in whole
or in part in a proposed subdivision, the Planning Board shall require the
subdivider to reserve such areas for said purpose up to a limit of 10% of
the subdivider's tract. If the area of the proposed park as shown on
the Master Plan is in excess of the prescribed limit, the Planning Board may
recommend that the Village Board require the dedication or reservation of
the additional area. Under such conditions, a money payment at fair market
value shall be made to the subdivider to compensate his loss.
(2)
Not shown on Master Plan. The subdivider shall dedicate
to the village land equal in size to a limit of 10% of the subdivider's
tract. This land shall be used by the village for parks, playgrounds or for
other specific public uses as deemed desirable by the Planning Board. However,
if the Planning Board should consider a subdivider's tract too small
and that the dedication of 10% of the total area is not of a size that would
make it usable for public purpose or is unsuitable in character, the Planning
Board may require, as a condition to the approval of any such plat, a payment
to the village of a sum to be determined by the Board of Trustees, which said
sum shall constitute a trust fund as provided in § 7-730 of the
Village Law.[1]
(3)
Unusable areas or areas bordering streams, lakes or other
watercourses should be given special consideration by the Planning Board in
excess of the ten-percent minimum. The Planning Board may recommend that the
Village Board accept these areas as a gift or purchase them should they be
desirable for public open spaces.
(4)
Suitability. The Planning Board may require that the
subdivider satisfactorily grade any such recreation areas reserved in conformity
with these regulations.
J.
Other improvements. The Planning Board may require any
other improvement construction requirements that are in keeping with the health,
safety, morals and general welfare of the citizens of the village.
K.
Inspection. The Engineer shall have the power and duty
to inspect all improvements and modify or alter the engineering details or
construction in the field as he believes will be in the best interest of the
general welfare of the village.
L.
Governmental regulations. The subdivider shall comply
with all county, state and federal requirements and regulations pertaining
to subdivisions.
Subdivision improvements shall be provided in each new subdivision in
accordance with the standards and requirements described in this section.
These standards shall be considered to be minimum requirements. The subdivider
shall bear the entire financial and legal responsibility of the subdivision
development and improvements required in connection therewith.
A.
Monuments.
(1)
Street monuments. Monuments shall be placed at all block
corners, angle points of curves in streets and at such intermediate points
as shall be necessary to reestablish the ground survey of the tract or blocks
included in the tract. The monuments shall be of the permanent type, at least
30 inches long, containing an embedded brass plate or tip on the top. Monuments
shall be approved by the Engineer.
(2)
Lot boundary monuments. Each lot in the subdivision shall
be referenced by at least two markers located at the intersection of the side
boundary lines of the lot and the front property line. Lot boundary markers
shall be of metal rod or pipe not less than 3/4 inch in diameter and 36 inches
in length and driven so that the top of the marker is flush with the level
of the improved ground.
B.
Street construction. The type and method of street construction
shall vary depending upon street classification. Specifications for type and
thickness of subbase, base and wearing surface, type of curb, pavement underdrain
and contour for each of the three classifications shall be in accordance with
the Village Standard Specifications.
C.
Storm drainage.
(1)
Minimum size and velocity. Storm sewers shall have a
minimum diameter of 12 inches and shall be laid to sufficient grade to create
a cleansing velocity of at least two feet per second.
(2)
Appurtenances. Manholes shall not be more than 300 feet
apart where pipe sizes of 24 inches or less are used, and not more than 450
feet apart where larger sizes are installed. If approved by the Engineer,
inlets may be substituted for manholes.
(3)
Connections. Where accessible, as determined by the Engineer,
the storm drainage system shall be connected with the existing public storm
drainage facilities. Natural drainage may be utilized where conditions prevent
connection with an existing public system, if this is approved by the Planning
Board.
(4)
Specifications. The construction of storm sewers shall
be in accordance with the Village Standard Specifications.
D.
Sanitary sewers.[1]
(1)
Minimum size and velocity. Sanitary sewers shall have
a minimum diameter of eight inches and shall be laid to sufficient grade to
create a cleansing velocity of at least two feet per second.
(2)
Appurtenances. Wye branches (or tees) shall be installed
in the main sewer where required. Cutting into the pipe for connections shall
not be permitted. Manholes shall be watertight structures and shall be constructed
not more than 300 feet apart.
(3)
Sewer laterals. Sewer laterals shall be installed in
conjunction with the main sewer installation to the proposed street right-of-way
line. Sewer laterals shall meet the Village of LeRoy Standard Specifications.
(4)
Sewer connections. Every lot within a subdivision shall
be provided with a connection to a sanitary sewer.
(5)
Detailed specifications. The construction of sanitary
sewers shall be in accordance with the standards of New York State Department
of Health.
E.
Water supply.[2]
(1)
Water pipe. Strengths furnished shall suit the pressures
which the pipelines carry as recommended by the working pressures set forth
by the American Water Works Association and must meet the Village of LeRoy
Standard Specifications.
(2)
Hydrants. Fire hydrants shall be installed in all subdivisions
at all street intersections and other points at intervals of not more than
500 feet. Hydrants must meet the Village of LeRoy Standard Specifications.
(3)
Connections. Every lot within the subdivision shall be
provided with a connection to the main public water supply. Said connection
shall terminate within one foot of proposed sidewalk. Materials and workmanship
shall conform to the plumbing requirements of the New York State Uniform Fire
Prevention and Building Code, as adopted.[3]
(4)
Specifications. The construction of water lines shall
be in accordance with the Village Standard Specifications.
F.
Sidewalks. Sidewalks shall be required and at least four feet wide in any residential development. They shall be located on both sides of the street in the right-of-way at least one foot from the street boundary. Construction shall be in accordance with Article VI, Sidewalk Specifications, of Chapter 176 of the Code of the Village of LeRoy.
G.
Shade trees.[4] Shade trees shall be 2 1/2 inches caliper. At least one shade
tree shall be planted in the front yard for each residential lot. Tree planting
shall be prohibited within five feet of sidewalk or curb. Where adequate space
is not available between the curb and sidewalk, the subdivider shall plant
the required trees behind the sidewalk. The location and species of plantings
shall be determined or approved by the Superintendent of Public Works.
H.
Planting strip. The area between the sidewalk and curb
shall be fine-graded with a minimum of three inches of topsoil and seeded.
I.
Street signs. Street name signs shall be erected at all
intersections. Sign construction shall conform to village standards.
The preliminary plat shall include the following information and data:
A.
Title: The plat shall show the title under which proposed
subdivision is to be recorded, with names of owner(s) or subdivider(s), notation
stating acreage, datum, bench marks, North arrow and date survey was made.
The words "preliminary plat" shall be noted above the title.
B.
Scale: The plan shall be drawn to a scale of not smaller
than 100 feet to the inch, street profiles at a scale not smaller than one
inch equals 100 feet horizontal and one equals 10 feet vertical.
C.
Tract boundary lines: bearings and distances of the proposed
plat, with names of adjacent subdivisions or owners of unplatted lands.
D.
Existing utilities on and adjacent to tract: location,
size and invert elevation of sanitary and storm sewers; location and size
of water mains; location of gas lines, fire hydrants, electric and telephone
poles and streetlights.
E.
Existing contours: contours based on United States Geological
Survey datum plane or one approved by Engineer. Contours shall be at five-foot
intervals; two-foot contours shall be used with relatively flat topography.
F.
Existing streets on and adjacent to tract: name, right-of-way
width and location; type, width and elevation of surface.
G.
Key map, including proposed street system of any adjoining
land owned by subdivider.
H.
New streets: proposed names, right-of-way and roadway
widths, approximate grades and profiles.
I.
Other rights-of-way or easements: proposed location,
width and purpose, including street extensions, as are necessary to provide
adequate street connections to adjacent land.
J.
New utilities: proposed plan and profile of utilities
with grades, pipe sizes and inverts.
K.
Lot lines; lot numbers: proposed layout, number and approximate
dimensions of lots.
L.
Sites: sites, if any, reserved or dedicated for parks,
playgrounds or other public uses.
M.
Building setbacks showing dimensions.
N.
Approval certificate: place for signature of Chairman
of the Planning Board and date of conditional approval by the Planning Board.
O.
Existing surface drainage: provisions for collecting
and discharging surface drainage, giving locations, size and invert elevations.
Where drainage is to be accomplished by a natural watercourse, lake, swamp,
sink or drainage ditch, the elevation of water in such watercourse or ditch
at recognized flood stage shall be shown.
P.
Subsurface investigation: subsurface conditions on the
proposed subdivision, if required by the Planning Board, including location
and results of tests made to ascertain surface soil, rock and groundwater
conditions.
Q.
Pavement design: typical pavement cross section, showing
pavement underdrain, subbase, base, wearing surface and curb details.
R.
Sidewalk: denote all locations where sidewalks are to
be installed.
The final subdivision plat submitted for approval and subsequent recording
shall be clearly and legibly drawn in black waterproof ink on tracing cloth,
or black-line prints on tracing cloth or equivalent material. The scale shall
not be greater than 100 feet to one inch, and the size of the sheet shall
have total dimensions which are increments of 8 1/2 inches by 11 inches.
When more than one sheet is required, an index sheet of the same size shall
be filed, showing the entire subdivision at an appropriate scale. The final
subdivision plat shall show:
A.
Title: proposed subdivision name or identifying title,
date, true North point and scale.
B.
Engineer and surveyor: name and address of owner and
name, license number and seal of the licensed professional engineer or land
surveyor.
C.
Streets: exact location, width and names of all streets
or other public ways within or adjacent to the plat.
D.
Lots: numbers and lines, with dimensions to hundredths
of a foot, bearing or angles to street line and all lot corners.
E.
Monuments: location and description.
F.
Building lines: minimum setback of lots and other sites.
G.
Easements: location and purpose.
H.
Adjoining unplatted and platted land: reference by record
owners.
I.
Lines, dimensions, bearings or deflection angles: radii,
arcs, central angles; tract boundary, easements, rights-of-way, lots, other
sites, curves (dimensions in feet and hundredths of feet, and angles in degrees
and minutes).
J.
Engineering plans: complete engineering and installation
plans consisting of plans, profiles and cross sections of all proposed streets
and utilities.
K.
Other agencies: water supply and sewage disposal arrangements
with details and certification of approval by the appropriate public agency.
L.
Dedication: offers of cession by the owner dedicating
streets, rights-of-way and any sites for public uses.
M.
Approval: There shall be a place for signature of the
Chairman of the Planning Board and date approved by the Planning Board.
N.
Village Attorney: Certificates by the Village Attorney
approving, as to legal sufficiency, all offers of cession, all covenants governing
the maintenance of unceded public space and any action to establish or extend
water and/or sewer districts established or extended in connection therewith.
O.
Protective covenants: in form for recording, including
covenants covering the maintenance of unceded public spaces or reservations.
P.
Other data. The subdivider shall provide:
(1)
A detailed statement as to the cost of improvements on
the subdivision or any section thereof which the subdivider may elect to develop
separately and for which a separate bond may be posted.
(2)
Such other certificates, affidavits, endorsements or
other agreements as may be required by the Planning Board in the enforcement
of these regulations.
(3)
A statement advising the Clerk of Genesee County that
the Planning Board is to be notified of the date of filing of the plat.
A building permit issued by the Village Building Inspector shall be
required for the erection of any building in any area shown upon a plat or
in any area over which these subdivision regulations permit regulation by
the Planning Board.
The date for cession or dedication of all streets, rights-of-way, parks,
playgrounds and other recreational areas shall be designated by the Planning
Board at the time of approval of the final subdivision plat, and the subdivider
shall cause such streets and areas to be in the agreed condition and approved
by the Village Engineer prior to such designated time. The Planning Board,
in its discretion, may extend the date for such cession or dedication upon
good cause shown.
