The Planning Board, in considering an application
for the subdivision of land, shall be guided by the following considerations
and standards, which standards shall be deemed to be the minimum requirements
for the convenience, health, safety and welfare of the Village.
A.
Character of land. Land to be subdivided shall be
of such character that it can be used safely for building purposes
without danger to health or peril from fire, flood or other menace.
Land subject to such hazards shall not be subdivided nor developed
for residential purposes nor for such other uses as may increase danger
to health, life or property or aggravate a flood hazard, but such
land may be set aside for such uses as shall not involve such danger
nor produce unsatisfactory living conditions.
B.
Preservation of natural features.
(1)
Land to be subdivided shall be designed in reasonable
conformity to existing topography in order to minimize grading, cut
and fill and to retain, insofar as possible, the natural contours,
to limit stormwater runoff and to conserve the natural vegetative
cover and soil. No tree, topsoil or excavated material shall be removed
from its natural position except where necessary and incidental to
the improvement of lots and the construction of streets and related
facilities in accordance with the approved plan. Topsoil shall be
restored to a depth of at least six inches and properly seeded and
fertilized in those disturbed areas not occupied by buildings or structures.
(2)
Existing natural features which are of ecological,
aesthetic or scenic value to residential development or to the Village
as a whole, such as wetlands, watercourses, water bodies, rock formations,
stands of trees, historic spots and similar irreplaceable assets,
shall be preserved, insofar as possible, through harmonious design
of the subdivision, and, where appropriate, the Planning Board may
require the inclusion of such features in permanent reservations.
C.
Frontage on improved streets. The area proposed to
be subdivided shall have frontage on and direct access to an existing
Village, town, county or state highway or a street shown on a plat
approved by the Planning Board of the Village of Pomona. If such street
is private, it shall be improved to the satisfaction of the Planning
Board or there shall be a bond held by the Village to guarantee such
improvement.
A.
Location, width and improvement. Streets shall be
suitably located, of sufficient width and adequately improved to accommodate
the expected traffic and to afford satisfactory access to police,
fire-fighting, snow removal and other utility and road maintenance
equipment and shall be coordinated so as to compose a safe and convenient
system.
B.
Relation to topography. Streets shall be appropriately
related to the natural topography and shall be arranged so as to obtain
as many as possible of the building sites at or above the grades of
the streets. A combination of steep grades and curves shall be avoided.
C.
Intersections. Cross (four-cornered) street intersections
shall be avoided insofar as possible, except at important traffic
locations. A distance at least equal to the minimum required lot width,
but not less than 150 feet, shall be maintained between center lines
of offset intersecting streets. Within 60 feet of the center of an
intersection, streets shall be at approximately right angles and grades
shall be limited to 1.5%. When two streets intersect at an angle of
less than 75°, special pavement, channelization, right-of-way
and/or sight easement restrictions may be required by the Planning
Board.
D.
Continuation of streets into adjacent properties.
(1)
The arrangement of streets shall provide for their
construction between adjacent properties where such continuation is
determined necessary for proper traffic movement, effective fire protection,
efficient provision of utilities, snow removal and other services.
Alternatively, if a street continuation is not determined to be warranted
by the circumstances or would result in unsafe traffic conditions
or otherwise jeopardize the public safety and welfare, the Planning
Board may require such street to be terminated short of the boundary
lines of the subdivision.
(2)
Where a continuation of a street beyond the boundaries
of a subdivision is warranted, but the adjacent property is undeveloped
and the street must dead-end temporarily, the Planning Board may require
that the right-of-way and all improvements be extended to the property
line. A temporary circular turnaround shall be provided on all temporary
dead-end streets in excess of 100 feet in length, with a notation
on the plat that land outside the normal street right-of-way shall
revert to abutting property owners upon continuation of the street.
The length of temporary dead-end streets shall normally be limited
to not more than double the permitted length of permanent dead-end
streets.
(3)
Where a turnaround exists at the end of a street within
an adjoining development to which a proposed street is to connect,
the applicant may be required to remove the portions of the turnaround
pavement outside of the normal width of the traveled way, perform
any necessary reconstruction of the pavement edge, construct continuations
of any existing driveways to the new pavement edge and regrade, seed
and drain the disturbed areas in such a manner as to blend them in
with the surrounding landscape.
E.
Permanent dead-end streets. Where a street does not
extend to a boundary of a subdivision and its future continuation
is not required by the Board, it shall be separated from such boundary
by a distance not less than the minimum required lot depth. The Planning
Board may require the reservation of an easement to the boundary to
accommodate utilities, drainage facilities and/or pedestrian traffic.
A circular turnaround shall be provided at the end of a permanent
dead-end street. For greater convenience to traffic and more effective
police and fire protection, permanent dead-end streets shall, in general,
be limited in length, exclusive of the turnaround, to six times the
minimum lot width for the zoning district in which they are located.
[Amended 2-22-1999 by L.L. No. 3-1999]
F.
Solar access considerations. To permit maximum solar
access to proposed lots and future buildings, wherever reasonably
feasible, consistent with other appropriate design considerations,
new streets shall be located on an east-west axis. This encourages
house siting with the maximum exposure of roof and wall area to the
sun. The Board shall also consider the slope of the property and the
nature and location of existing vegetation as they affect solar access.
G.
Street names. The Planning Board shall recommend to
the Board of Trustees the names of new streets. Street names shall
be sufficiently different in sound and in spelling from other names
in the Village so as not to cause confusion. A street which is a continuation
of an existing street shall bear the same name. Proposed street names
shall be reviewed by the local Fire Department and post office. The
Board of Trustees shall adopt the names of streets.
H.
Design standards for new streets. Streets shall meet
the following design standards. Street classifications may be determined
by the Planning Board. Standards are not shown for streets which would
be built by the state or county.
(3)
The ten-foot-wide right-of-way immediately adjacent
to road pavement shall be constructed at the same grade as the paved
portion of the road. In the event construction of said grade would
cause environmental impacts and/or destruction of the natural terrain
and topography of said ten-foot right-of-way, the Planning Board may
recommend that the flat grade of the right-of-way be not less than
6 1/2 feet in width instead of 10 feet in width. Said recommendation
shall be referred to the Board of Trustees, which, may, in its discretion,
accept said recommendation and authorize the applicant to construct
the flat grade to a width of not less than 6 1/2 feet instead of 10
feet.
[Added 8-14-2006 by L.L. No. 2-2006[2]]
[2]
Editor's Note: This local law also renumbered
former Subsections H(3) through H(12) as H(4) through (H13), respectively.
(4)
Maximum grade for local street: 10%.
(5)
Minimum length of vertical curve: 100 feet, but not
less than 20 feet for each one-percent algebraic difference in grade.
(6)
Minimum length of tangents between reverse curves
on local streets: 100 feet.
(7)
Minimum sight distance: 200 feet. At all intersections,
the minimum sight distance across corners shall be 75 feet back from
the intersection.
(10)
Sidewalks: four feet wide, both sides.
(12)
The Planning Board shall be without authority to approve, as part of the design of a new subdivision, a boulevard or boulevards, as defined in § 118-9 of this Code. A boulevard shall not be permitted for purposes of the provision of an additional required access to any subdivision.
[Added 2-22-1999 by L.L. No. 3-1999]
(13)
If an applicant for subdivision approval requests the incorporation of a boulevard in a subdivision, under circumstances in which a majority of the Planning Board finds that a boulevard would be in the best interests of the Village of Pomona because of unusual circumstances applicable to the particular proposed subdivision and that a boulevard is necessary to avoid unacceptable environmental consequences which cannot be otherwise reasonably avoided, taking into consideration the nature and location of the land sought to be subdivided, the findings resulting from an environmental impact study, if any, and reasonable entitlement to develop land, the Planning Board shall transmit its findings by written recommendation to the Board of Trustees. The Board of Trustees shall, within 90 days of the date of the recommendation, determine whether an exception to Subsection H(11) is warranted and make a written decision thereon. In order to reach a decision on the issue, the Board of Trustees may hold a public hearing and may hear evidence and testimony in favor of and against the proposed boulevard. Upon a determination by the Board of Trustees that a boulevard is or is not warranted, the matter shall be referred back to the Planning Board for action in accordance with the determination of the Board of Trustees. By requesting a boulevard to be incorporated into a proposed subdivision, the applicant shall be deemed to have consented to the lapse of time necessitated by the referral to the Board of Trustees, and such lapse of time, not exceeding 90 days, shall not be included in any calculation of time within which the Planning Board is required to make its decision on the subdivision application.
[Added 2-22-1999 by L.L. No. 3-1999]
A.
Street improvements. Streets shall be graded and improved
with pavement, sidewalks, curbs, gutters, streetlighting standards,
street signs, street trees, water mains, sanitary sewers, storm drains,
fire alarm signal devices, fire hydrants and other utilities, except
that the Planning Board may waive, subject to appropriate conditions,
such improvements as it considers are not requisite in the interest
of the public health, safety and welfare. The subdivider shall install
underground service connections to the property line of each lot before
the street is paved. Except where waivers are granted, all such grading
and street improvements shall conform in all respects to these regulations
and to the Village construction standards and specifications.[1] Wherever the area to be subdivided is to utilize existing
road frontage, said road shall be improved as provided above. The
Planning Board shall further require that the entire right-of-way
required by these regulations be dedicated to the agency owning the
road as a condition of final plat approval.
B.
Drainage improvements.
(1)
The subdivider may be required by the Planning Board
to carry away, by pipe or open ditch, any spring- or surface water
that may exist either previous to or as a result of the subdivision.
The subdivider may be required to continue the piping of upstream
drainage systems. Such drainage facilities shall be located in the
street right-of-way, where feasible, or in perpetual unobstructed
easements of appropriate width, and shall be constructed in accordance
with the Village construction standards and specifications.
(2)
Drainage facilities shall, in each case, be large
enough to accommodate potential runoff from their entire upstream
drainage area, whether inside or outside the subdivision, based on
a one-hundred-year storm and assuming conditions of maximum potential
development within the watershed as permitted by the Zoning Law. The
applicant shall be responsible for submitting such computations to
the Village Engineer in sufficient detail to make possible the ready
determination of the adequacy of the proposed drainage installations,
and the Village Engineer shall be responsible for reviewing these
and preparing recommendations for the Planning Board.
(3)
The Planning Board may also require the subdivider
to prepare a study of the effects of the subdivision on existing downstream
drainage facilities. Where such study or the Planning Board, after
an independent analysis, determines that the additional runoff incident
to the development of the subdivision will overload an existing downstream
drainage facility, the Planning Board shall notify the owner of such
downstream facility of such potential condition and may withhold approval
of the subdivision until provision has been made for the correction
of said potential condition, or, in the alternative, the developer
may deposit in escrow the full cost of the required improvement of
the said potential condition in such sum as the Planning Board shall
determine. No subdivision shall be approved unless adequate drainage
will be provided to an adequate drainage watercourse or facility.
C.
Underground utilities. In order to assure greater
safety and improved appearance, all utility lines and related equipment
for providing power and communication services shall be installed
underground in the manner prescribed by the regulations of the utility
company having jurisdiction. Underground utility lines shall be located
outside of the traveled way of the streets but, except in unusual
circumstances, within the street right-of-way. Underground service
connections shall be provided to the property line of each lot before
the street is paved and may pass under the traveled way of the street.
Where existing utility facilities are located above ground, except
on public rights-of-way, they shall be removed and placed underground.
D.
Other improvements.
(1)
Monuments.
(a)
Monuments shall be required wherever deemed
necessary by the Planning Board to enable all property lines to be
readily reproduced on the ground. Monuments shall be located at all
lot corners.
(b)
Monuments shall be set vertically in solid ground
three inches above the ground surface, with accurate reference to
a permanently identifiable fixed point, and shall meet or exceed the
construction requirements specified in the Village construction standards
and specifications.
(2)
Traffic control and street signs. Traffic control
and street signs shall be provided by the subdivider and placed at
all intersections, within the street right-of-way, and in other locations
as required by the approving authority. In the case of traffic control
signs, their type and location shall be approved by the Village Engineer,
and in the case of street signs, by the Village Engineer.
(3)
Fencing of hazardous conditions. Each subdivider and/or
developer shall be required to furnish and install all fences wherever
the Planning Board determines that a hazardous condition may exist.
Said fences shall be constructed according to standards established
by the Village Engineer and shall be noted as to height and material
on the final plat. No certificate of occupancy shall be issued until
said fence improvements have been duly installed.
(4)
Streetlighting standards. Streetlighting standards,
of a design and location approved by the Planning Board and Village
Engineer, shall be provided and installed by the subdivider. Said
streetlights are to be installed by the subdivider prior to the issuance
of any certificate of occupancy and are to be maintained at his sole
expense until such time as the roads have been accepted by the Village
of Pomona. In the case of a subdivision involving a county or state
highway, approval shall be obtained from the County Superintendent
of Highways.
(5)
Sanitary sewers and sewerage facilities, water mains
and water supply facilities and fire hydrants. Where required by the
Planning Board, the subdivider shall install sanitary sewers and sewerage
facilities and/or water mains and water supply facilities and fire
hydrants of the type and in a manner specified by the Village of Pomona
Village Board construction standards and specifications. Necessary
action shall be taken by the developer to enable the Ramapo or Haverstraw
Town Board to extend or create a water supply district for the purpose
of providing fire hydrants to the subdivision. To eliminate future
street openings, all underground utilities for fire hydrants, together
with the fire hydrants themselves, shall be installed before any final
paving of a street shown on the subdivision plat.
(6)
Fire alarm signal devices. Where required by the Planning
Board, the subdivider shall install fire alarm signal devices, including
necessary ducts, cables and other connecting facilities, of a type
and in a manner and location prescribed by the appropriate fire district
or other municipal agency having jurisdiction.
(7)
Street trees. The Planning Board may require the planting of street
trees. Such trees shall be of hardwood variety indigenous to the area
in size and species as set forth in a resolution adopted by the Board
of Trustees. Said resolution shall also set forth the method by which
said trees shall be planted. Such trees shall be planted along both
sides of the street, within the street tree easement, and spaced approximately
40 feet on center. A two-year replacement warranty shall be deposited
with the Village to guaranty replacement of any of such trees that
may not survive for a minimum period of two years after planting.
[Amended 9-7-2004 by L.L. No. 4-2004; 8-14-2006 by L.L. No.
3-2006; 11-27-2017 by L.L. No. 4-2017]
(8)
School bus pickup areas. The Planning Board may require
that the subdivider reserve, clear, grade, pave and otherwise improve
an area of such size and location as will provide a safe and suitable
place for the use of children awaiting school buses. In general, the
size of such area shall not be less than 100 square feet, and no dimensions
shall be less than eight feet. Such area shall be included within
the street right-of-way and shall be maintained by the holder of fee
title to the street. The layout and design shall be subject to Planning
Board approval.
A.
Lot arrangement. The lot arrangement shall be such
that there will be no foreseeable difficulty, for reasons of topography
or other conditions, in securing building permits to build on all
lots in compliance with the Zoning Law, the County Health Department
regulations and other applicable regulations. If a proposed subdivision
includes land that is zoned for commercial or industrial purposes,
the layout of the subdivision with respect to such land shall make
such provision as the Planning Board may require for safe and convenient
access to such automobile parking and loading and unloading spaces
as may be required by the Zoning Law or otherwise for safe and convenient
service access to such land.
B.
Driveways. Approximate driveway locations shall be
shown on the construction plans. The maximum driveway gradient to
the building site shall not exceed 15%, and the intersection of driveways
with the road shall be so oriented and graded that vehicles may use
the driveways safely. In the event that a proposed driveway has a
gradient to the building site of more than 12 1/2 but not more
than 15%, the building inspector, with the advise and cooperation
of the Village Engineer shall require at least two parking spaces
on the lot in question, located immediately adjacent to the public
right-of-way. In the event that a proposed driveway has a gradient
to the building site of more than 12 1/2% but not more than 15%,
the building inspector shall refer the application to the Planning
Board for site plan review. In no event shall the gradient of a driveway
exceed 15% to the building site. The Planning Board may require that
the applicant submit necessary topographic and design information
to demonstrate that the lot layout will allow driveways that meet
these criteria and provide proper drainage.
[Amended 10-27-1997 by L.L. No. 12-1997]
C.
Lot dimensions.
(1)
Lot area and dimensions shall comply with at least
the minimum standards of the Zoning Law for the district in which
they are located.[1] Where lots are more than double the minimum required area,
the Planning Board may require that they be arranged so as to allow
for further subdivision and the opening of future streets where necessary
to serve such potential lots, all in compliance with the Zoning Law
and these regulations. Where, in the opinion of the Planning Board,
lots of larger than minimum size are required for purposes of proper
drainage, water supply, waste disposal or the preservation of important
ecological features, the Board may require such oversized lots as
a condition of plat approval.
(2)
Side lot lines shall generally be at right angles
to street lines (or radial to curving street lines) unless the Planning
Board allows a variation from this rule to give a better street or
lot arrangement. Dimensions of corner lots shall be large enough to
allow for erection of buildings observing the minimum front yard setback
from both streets.
(3)
Where a proposed subdivision includes an existing
residence larger in size than can appropriately be placed on a lot
of the minimum size permitted in the zoning district, the Planning
Board may require that the lot be of such size and relationship to
the proposed street system that the structure will be an appropriate
and harmonious part of the subdivision.
(4)
No more than 25% of the minimum lot area required under the Zoning Law may be satisfied by land with unexcavated slopes over 25%, wetlands as defined in Chapter 126 of this Code, floodplain, utility or other easements or rights-of-way, or a combination of said encumbrances.
[Added 1-22-1996 by L.L. No. 1-1996;
amended 4-23-2007 by L.L. No. 5-2007]
D.
Access from collector streets. Lots shall not, in
general, derive access from a collector street, but shall front on
a minor interior street. Where driveway access from a collector street
may be necessary for two or more adjoining lots, the Planning Board
may require that such lots be served by a combined access drive in
order to limit the possible traffic hazard on such street. Any such
driveways, where permitted, shall be designed in such a way as to
provide adequate and convenient area for the turnaround of vehicles
so as to avoid requiring them to back into traffic on such streets.
E.
Double-frontage lots. Lots fronting on two streets,
other than corner lots, shall be avoided except where deemed essential
by the Planning Board in order to provide separation of residential
development from major or collector streets or to overcome problems
of topography or orientation. The Planning Board may require access
limitations and/or buffer landscaping for such double-frontage lots
where the Board determines that such measures would be appropriate.
F.
Water bodies. If a subdivision contains a water body
or portion thereof, lot lines shall be drawn so as to distribute the
entire ownership of the water body among the fees of the adjacent
lots, unless the Planning Board approves an alternate plan whereby
the ownership of and responsibility for the safety of the water body
is so placed that it will not become a Village responsibility. No
more than 25% of the minimum lot area required under the Zoning Law
may be satisfied by land which is under water or is defined as a wetland
by the New York State Freshwater Wetlands Act.[2]
[2]
Editor's Note: See Art. 24 of the Environmental
Conservation Law, § 24-0101 et seq.
G.
Access across a watercourse. Where a watercourse separates
the buildable area of a lot from the street by which it has access,
provision shall be made for the installation of a bridge, culvert
or other drainage facility, of a design approved by the Planning Board
based upon, among other considerations, a recommendation of the Village
Engineer, to provide satisfactory access across such watercourse for
fire, police and other emergency equipment.
All reservations and easements shall be clearly
indicated on the final subdivision plat, along with appropriate notations
indicating the rights which exist with respect to each such reservation
and/or easement.
A.
Park reservations.
[Amended 2-28-1994 by L.L. No. 1-1994]
(1)
The Planning Board may require that land be reserved
within subdivisions or on individual parcels subject to site plan
approval for a park or other recreational purpose. Before the Planning
Board may approve a site plan containing residential units, such site
plan shall also show, when required by such Board, a park or parks
suitably located for playground or other recreational purposes. Such
land cannot be required until the Planning Board has made a finding
that a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes within the
Village. Such findings must include an evaluation of the present and
anticipated future needs for park and recreational facilities in the
Village based on projected population growth to which the particular
site plan will contribute. In the event that the Planning Board makes
such a finding, but a suitable park or parks of adequate size to meet
the requirements cannot be properly located on such subdivision plat
or site plan, the Planning Board may require a sum of money in lieu
thereof be paid to the Village pursuant to the fee schedule adopted
by the Board of Trustees. Any moneys required by the Planning Board
in lieu of land for park, playground or other recreational purposes
shall be deposited into a trust fund to be used by the Village exclusively
for park, playground or other recreational purposes, including the
acquisition of property. In making such determination of suitability,
the Planning Board shall assess the size and suitability of lands
shown on the subdivision plat or site plan which could be possible
locations for park or recreational facilities, as well as practical
factors including whether there is a need for additional facilities
in the immediate neighborhood.
(2)
Minimum size. Areas for parks shall be of reasonable
size for neighborhood playgrounds or other recreational uses. In general,
not less than 10% of the area of the subdivision or site plan providing
for multifamily housing shall be set aside for these purposes, and
sites so reserved for park purposes shall have an area of at least
one acre. The Planning Board may require the location of such areas
along the boundary of a subdivision or parcel so that additional land
may be added at such time as the adjacent property is subdivided or
developed.
(3)
Ownership of park area. The ownership of reservations
for park purposes shall be clearly indicated on the plat and established
in a manner satisfactory to the Planning Board so as to assure their
proper future continuation and maintenance.
B.
Widening or realignment of existing streets. Where
a subdivision borders an existing street which is narrower than the
recommended right-of-way width as specified for such streets in these
regulations, or where a subdivision borders an existing street planned
for widening or realignment in such a way as to require the use of
some land in the subdivision, the Planning Board may require the subdivision
plat to show such areas, which shall be marked "reserved for street
realignment (or widening) purposes." Land reserved for such purposes
may not be counted in satisfying yard or area requirements of the
Zoning Law.
C.
Utility and drainage easements.
(1)
Where topography or other conditions are such as to
make impractical the inclusion of utilities or drainage facilities
within street rights-of-way, perpetual unobstructed easements of at
least 20 feet in width shall be provided for such utilities or drainage
facilities across properties outside the street lines and with satisfactory
access to the street. Drainage easements shall extend from the street
to the watercourse or other drainage facility and shall convey to
the holder of fee title of the street the perpetual right to discharge
stormwater runoff from the street and the surrounding area onto and
over the affected premises by means of pipes, culverts or ditches,
or a combination thereof, together with the right to enter said premises
for the purpose of making such installations and doing such maintenance
work as the holder of such fee title may deem necessary to adequately
drain the street and the surrounding area.
(2)
When a proposed drainage system will carry water across
private land outside the subdivision, appropriate drainage rights
must be secured in a form satisfactory to the Village Attorney and
suitable for recording in the office of the County Clerk.
D.
Slope easements. Where determined appropriate by the
Planning Board, said Board may permit an embankment alongside a proposed
street to extend beyond the normal right-of-way of such street, provided
that a slope easement is granted conveying to the holder of fee title
of the street the right to enter the premises for the purpose of maintaining
such slope. Where the embankment slope is located on private land
outside the subdivision, such easement shall be permitted only where
the appropriate rights have been secured in a form satisfactory to
the Village Attorney and suitable for recording in the office of the
County Clerk.
E.
Sight easements. Sight easements shall be provided
across all street corners, outside the street right-of-way, within
the triangular area formed by the nearest edges of street pavement
and a straight line between two points each 75 feet back from the
theoretical intersection of the edges of such pavement prolonged.
The easements shall provide that the holder of fee title to the abutting
streets shall have the right to enter the easement area for the purpose
of clearing, pruning or regrading so as to maintain a clear line of
sight in either direction across such triangular area between an observer's
eye 3.5 feet above the pavement surface on one street and an object
one foot above the pavement surface on the other. The initial establishment
of clear-sight lines within the sight easement area shall be the responsibility
of the subdivider.
F.
Easements for pedestrian access. The Planning Board
may require, in order to facilitate pedestrian access from streets
to schools, parks or neighboring areas, the reservation of perpetual
unobstructed easements of at least 10 feet in width for such purposes
and the construction of walkways thereon.[1]
[1]
Editor's Note: Former Subsection G, Street
tree easements, as amended, which immediately followed this subsection,
was repealed 8-14-2006 by L.L. No. 3-2006.
G.
Street tree easements. The preliminary and final plat shall reserve an easement to permit the planting of street trees within 5 feet of the street right-of-way as specified in § 118-24D(7).
[Added 11-27-2017 by L.L. No.
4-2017]
The subdivider may place restrictions on any
of the land contained within the subdivision which are greater than
those required by the Zoning Law. Such restrictions shall be indicated
on the final subdivision plat.
