This chapter shall be known and cited as the
"Village of Hamilton Subdivision Law."
In accordance with the provisions of § 4-412
of the Village Law, this law is enacted to guide and regulate the
subdivision of land for residential purposes as follows:
A. To encourage orderly growth.
B. To ensure necessary drainage.
C. To provide adequate light and air.
D. To establish requisite public utilities and facilities.
E. To furnish suitable vehicular and pedestrian traffic
circulation.
F. To protect and enhance the character of the land.
[Amended 2-13-1990 by L.L. No. 2-1990]
A. Before any contract for sale of any part of a proposed
subdivision of land or before any permit for construction on such
subdivision is granted or before any permit for excavation, grading
or filling on such subdivision is granted, application shall be made
and approval of the proposed subdivision obtained in accordance with
the provisions of this chapter.
B. Before any proposed public or private street may be
constructed, application shall be made and approval of the proposed
street layout shall be obtained in accordance with the provisions
of this chapter.
Compliance shall be required with all other
applicable laws, ordinances and codes relating to properties and buildings,
including but not limited to:
A. New York State Uniform Fire Prevention and Building
Code.
[Amended 1-14-1992 by L.L. No. 1-1992]
B. New York State Multiple Residence Law.
C. New York State Environmental Conservation Law.
D. United States Flood Disaster Protection Act.
E. Village of Hamilton Zoning Law.
F. Village of Hamilton Sign Law.
G. Village of Hamilton Sewer Use Ordinance.
As used in this chapter, the following terms
shall have the meanings indicated:
CBR
California Bearing Ratio, a measurement of the strength and
support value of a crushed stone base or subgrade soil.
ENFORCEMENT OFFICIAL
The official charged with the duty to enforce this chapter
and other laws, codes and regulations relating to buildings and property.
LOT
A parcel of land considered as a unit, occupied or capable
of being occupied by a principal and accessory building or uses or
by a group of buildings united by a common use or interest and having
its principal frontage on a public street or an officially approved
place.
LOT AREA
The total horizontal area included within lot lines, except
that no part of the area within a public right-of-way may be included
in the computation of the area.
LOT, CORNER
A lot located at the intersection of and fronting on two
or more intersecting streets and having an interior angle at the corner
of the intersection of less than 135º.
LOT DEPTH
The mean distance between the front and rear lot lines, measured
perpendicular or radial to the front lot line.
LOT, DOUBLE FRONTAGE
An interior lot having frontage on two approximately parallel
or converging streets.
LOT WIDTH
The distance between side lot lines measured at right angles
to the lot depth at a point from the front lot line equal to the front
yard specified for the district.
NYSDOT
New York State Department of Transportation. Specification
requirements shall be according to latest edition of Standard Specifications.
OFFICIAL SUBMISSION DATE
The date of the regular monthly meeting of the Planning Board,
Board of Appeals, Board of Trustees or other agency immediately subsequent
to the submission of any complete application, plan, data or petition
for action by such agency.
OWNER
Owner, agent or person having beneficial use of a building
or land.
PAVEMENT
The combination of subbase (if any), base and surfacing courses
placed on a subgrade to support traffic load.
PERSON
Firm, partnership, trust, company, organization, institution,
as well as an individual, acting as owner, lessee, agent or employee.
PLAN, FINAL
A final plan or plat showing the exact subdivision layout.
PLAN, PRELIMINARY
A subdivision plan or plat indicating the approximate proposed
layout.
PLAN, SKETCH
An informal plan or plat indicating salient existing features
of a tract and its surrounds and the general layout of the proposed
subdivision.
RIGHT-OF-WAY, PUBLIC
Land over which the public may travel subject to restrictions
by the government with jurisdiction, whether or not said government
has control of the land by ownership or easement.
STREET
A way for vehicular traffic, whether designated as a street,
highway, road, avenue or otherwise, with functional classification
as follows:
A.
ALLEYPrimarily for vehicular service access to the back or side of properties otherwise abutting on a street.
B.
ARTERIALPrimarily for fast or heavy traffic, with partial or complete control over access from an abutting street.
C.
COLLECTORFor traffic from minor streets to the major system of arterial streets.
D.
CUL-DE-SACMinor streets with one end open to traffic, the other end having a vehicular turnaround.
E.
HALF STREETA street with only half the required right-of-way showing on the subdivision plan, with the other half to be added when adjoining land is subdivided in the future.
F.
MARGINAL ACCESSMinor streets parallel and adjacent to arterial streets, providing access to abutting properties and protection from through traffic.
G.
MINORPrimarily for access to the abutting properties.
SUBDIVISION
The division of a parcel of land into two or more lots or
sites for the purpose of transfer of ownership, improvement or building
development or, if a new public or private street is involved, any
division of a parcel of land; the term includes resubdivision. A division
of land for agricultural purposes into lots or parcels of five acres
or more and not involving a new street shall not be deemed a "subdivision."
USGS
United States Geological Survey.