It is the intent of this article to promote
the general welfare of the people of the Village of Woodbury by providing
for the protection of their lives, property, economics and well-being
and to protect and preserve the environment by requiring all developers
in subdivisions to install underground all utility facilities and
to install adequate streetlighting facilities.
A.
Utilities. The Village Board finds that on December
28, 1971, the New York State Public Service Commission ordered the
underground installation of all utility facilities in new residential
subdivisions of four or more dwelling units throughout the state.
The aforesaid order applies only to the installation of electric distribution
lines but does not include other utilities such as telephone, cable
television, long-distance telephone transmission lines, gas and any
other utilities required in a subdivision. The Village Board further
determines that the existence of overhead cables and wires on street
poles is contrary to and detracts from the environmental and aesthetic
values of the Village.
B.
Streetlighting. The Village Board further determines
that growing population has brought with it a corresponding number
of new developments which fail to provide adequate streetlighting.
The failure of the developers to provide adequate streetlighting will
result in a greater number of automobile accidents and increased crime,
thereby jeopardizing our citizenry.
As used in this article, the following terms
shall have the meanings indicated:
An individual, firm, partnership, association, corporation
or other legal entity.
Any building designed or occupied in whole or in part as
a dwelling for one or two families or multiple residences.
Any tract of land which is hereafter subdivided into four
or more parcels along an existing or proposed street, highway, easement
or right-of-way, for sale or for rent as residential lots or residential
building plots, regardless of whether or not 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
or by any other method of description.
Includes electricity, gas, telephone, water, sewage, cable
television and long-distance telephone transmission lines, cables
or pipelines, as the case may be, which are to be installed in new
residential subdivisions.
All utility facilities in any residential subdivision,
multiple residence development or planned unit development, including
distribution lines and local service to the residential buildings,
shall be installed underground within the roadbed between the curbs
of the right-of-way to be dedicated to the Village. Any service lines
from the main distribution lines shall be installed under the roadbed.
Such extensions of service shall be made by the utility companies
in accordance with the provisions of this article and the regulations
enacted by the New York State Public Service Commission.
Before any building permits shall be issued
by the Code Enforcement Officer in new residential subdivisions, multiple
residence developments or planned unit developments, the developer
shall submit to the Village Engineer a map of the development showing
the location of all streetlighting facilities, which map shall also
be approved by the Orange and Rockland Utilities, Inc.
No underground installation of utility facilities
shall be permitted and no streetlighting facilities shall be installed
until the plans are approved by the Village Engineer. The Village
Engineer shall require the developer to first receive approval of
the plans from the utility company which is to render service in the
subdivision before he approves the plans. Where possible, such plans
should be submitted to the Planning Board prior to receiving final
subdivision approval, but where final subdivision approval has been
given by the Planning Board, such plans for the underground installation
of utility facilities and the erection of streetlighting facilities
shall first be approved before any building permit shall be issued.
Before any Village road is accepted for dedication by the Village
Board, and approved by the Superintendent of Highways and the Village
Engineer, the developer shall provide as-built drawings in accordance
with standards established by the Village Engineer and on file in
the Building Department, showing final location of the underground
installations.
Where utilities are installed underground in
Village roads and it becomes necessary to open up the ground to make
repairs, then the utility company shall first obtain a permit from
the Superintendent of Highways authorizing it to work in the road.
Before such permit shall be issued by the Superintendent of Highways,
he shall first require the utility company to furnish a cash bond
to guarantee the restoration of the road to the satisfaction of the
Superintendent of Highways and the Village Engineer.
This article shall apply to all unbuilt residential
subdivisions, multiple residence developments and planned unit developments.
Where the Village Board determines that the
circumstances do not require the strict enforcement of this article,
then the Village Board under such circumstances shall have the right
to waive any and all sections of this article. This article shall
not apply to utility systems owned and operated by the Village of
Woodbury.
