In considering applications for subdivision of land, the Zoning Board of Appeals shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article V herein.
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.
B.
Conformity to Official Map and Master Plan. Subdivisions
shall conform to the Official Map of the Village and shall be in harmony
with the Master Plan.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the Village
specifications, which may be obtained from the Village Clerk.
A.
Width, location and construction. Streets shall be
of sufficient width, suitably located and adequately constructed to
conform to the Master Plan and to accommodate the prospective traffic
and afford access for firefighting, snow removal and other road maintenance
equipment. The arrangement of streets shall be such as to cause no
undue hardship to adjoining properties and shall be coordinated so
as to compose a convenient system.
B.
Arrangement.
(1)
The arrangement of streets in the subdivision shall
provide for the continuation of principal streets of any adjoining
subdivision 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 and water and drainage facilities.
Where, in the opinion of the Zoning Board of Appeals, topographic
or other conditions make such continuance undesirable or impracticable,
the above conditions may be modified.
(2)
Subdivisions containing 20 lots or more shall have
at least two street connections with existing public streets or streets
shown on the Official Map or streets on an approved subdivision plat
for which a bond has been filed.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Special treatment along arterial streets. When a subdivision
abuts or contains an existing or proposed arterial street, the Board
may require marginal access streets, reverse frontage with screen
planting contained in a nonaccess reservation along the rear property
line, deep lots with rear service alleys or such other treatment as
may be necessary for adequate protection of residential properties
and to afford separation of through and local traffic.
E.
Provision for future resubdivision. Where a tract
is subdivided into lots substantially larger than the minimum size
required in the zoning district in which a subdivision is located,
the Board may require that streets and lots be laid out so as to permit
future resubdivision in accordance with the requirements contained
in these regulations.
F.
Dead-end streets. The creation of cul-de-sac or loop
residential streets will be encouraged wherever the Board finds that
such type of development will not interfere with normal traffic circulation
in the area. In the case of such streets, where needed or desirable,
the Board may require the reservation of a twenty-foot-wide easement
to provide for continuation of pedestrian traffic and utilities to
the next street.
G.
Block size. Blocks generally shall not be less than
400 feet nor more than 1,200 feet in length. In general, no block
width shall be less than twice the normal lot depth. In blocks exceeding
800 feet in length, the Zoning Board of Appeals may require the reservation
of a twenty-foot-wide easement through the block to provide for the
crossing of underground utilities and pedestrian traffic, where needed
or desirable, and may further specify, at its discretion, that a paved
walk at least four feet wide be included.
H.
Intersections with collector, major or arterial streets
or roads. Minor or secondary street openings into such roads shall,
in general, be at least 500 feet apart.
I.
Street jogs. Street jogs with center-line offsets
of less than 125 feet shall be avoided.
J.
Angle of intersection. In general, all streets shall
join each other so that, for a distance of at least 100 feet, the
street is approximately at right angles to the street it joins.
K.
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of
the property, and all streets shall be arranged so as to obtain as
many of the building sites as possible at or above the grade of the
streets. Grades of streets shall conform as closely as possible to
the original topography.
L.
Other required streets. Where a subdivision borders
on or contains a railroad right-of-way or limited access highway right-of-way,
the Zoning Board of Appeals may require a street approximately parallel
to such right-of-way, at a distance suitable for the appropriate use
of the intervening land (as for park purposes in residential districts
or for commercial or industrial purposes in appropriate districts).
Such distances shall also be determined with due regard for the requirements
of approach grades and future grade separations.
A.
Widths of rights-of-way and street pavements. Streets
and pavements shall have the following widths. The classification
of streets shall be determined by the Board.
|
Type of Street
|
Minimum Right-of-Way
(feet)
|
Minimum Pavement
(feet)
|
|---|---|---|
|
Major
|
66
|
40
|
|
Collector
|
60
|
30
|
|
Minor
|
50
|
26
|
B.
Required street improvements. Not later than 90 days
after the granting of final approval, the subdivider shall have installed
or shall have furnished adequate bond or other security for the installation,
within a specified time, of the required improvements listed and described
in this section. All of the required improvements shall be made by
the subdivider in full compliance with the specifications for each
of the various units of work, as required by the Board of Trustees,
according to the nature of the improvements.
(1)
Subgrade. The developer shall grade all streets from
street line to street line in accordance with cross sections and grades
approved by the Board of Trustees. The entire width shall be stripped,
and all objectionable material shall be removed and replaced with
material approved by the Village Engineer. After the subgrade has
been formed, it shall be thoroughly rolled and compacted. Fill shall
be made with material approved by the Village Engineer and shall be
placed in layers not over six inches thick, and each layer shall be
properly rolled and compacted. No base material is to be placed on
the subgrade until the subgrade has been approved by the Village Engineer.
(2)
Base course. The thickness and method of constructing
the base course may vary depending upon the amount of traffic anticipated,
the type of material used and the condition of the subgrade. A base
course equal to the width of the pavement and consisting of not less
than a compacted thickness of 12 inches of approved run-of-bank gravel,
laid in two layers, shall be constructed.
(3)
Final course. The final course of the street pavement
shall be as specified by the Board of Trustees.
(4)
No street shall be accepted until backfill in trenches
has been in place for at least three months. Where conditions warrant,
the Board of Trustees may require a longer period of time for settlement
of such backfill.
C.
Street drainage.
(1)
Street and road culverts, headwalls or other appurtenances
shall be installed by the developer where necessary. Where there is
no natural stream or watercourse for the drainage of surface water
from the proposed street or road, the developer shall secure rights-of-way
and construct ditches or install stormwater drains to a natural waterway
as the Board of Trustees directs. All street storm and sanitary sewers
shall be constructed according to the grades on the plat submitted
at the public hearing. Any changes in grade shall require the approval
of the Board of Trustees.
(2)
Driveway culverts shall be not less than 12 inches
in diameter and 20 feet in length and shall be of corrugated metal
or reinforced concrete. Installation is to be approved by the Board
of Trustees.
D.
Utilities in streets.
(1)
The Zoning Board of Appeals shall require that underground
utilities be placed in the street at locations approved by the Board
of Trustees. The subdivider shall have installed underground service
connections in the street to the property line of each lot within
the subdivision for such required utilities before the street is paved.
Installation of fire hydrants shall be in conformity with all requirements
of standard thread and nut as specified by the New York Fire Insurance
Rating Organization and the Division of Fire Safety of the State of
New York.
(2)
Utility poles, if used, shall be installed at locations
approved by the Board of Trustees.
E.
Utility easements. Where topography is such as to
make impractical the inclusion of utilities within the street rights-of-way,
perpetual unobstructed easements at least 20 feet in width shall be
provided with satisfactory access to the street. Wherever possible,
easements shall be continuous from block to block and shall present
as few irregularities as possible. Such easements shall be cleared
and graded where required.
F.
Grades.
(1)
Grades of all streets shall conform in general to
the terrain and shall be not less than 0.75% nor more than 5% for
major, 7% for collector or 10% for minor streets in residential areas,
but in no case more than 3% within 50 feet of any intersection.
(2)
All changes in grade shall be connected by vertical
curves of such length and radius as meet with the approval of the
Board of Trustees, so that clear visibility shall be provided for
a safe distance.
(3)
A combination of steep grades and curves shall be
avoided.
G.
Curves and visibility at intersections.
(1)
All street right-of-way lines at intersections shall
be rounded by curves of a radius of at least 25 feet, and curbs shall
be adjusted accordingly.
(2)
In order to provide visibility for traffic safety,
that portion of any corner lot (whether at an intersection entirely
within the subdivision or of a new street with an existing street)
which is within the triangular area formed by the intersecting street
right-of-way lines and a straight line joining said lines at 30 feet
distant from the point of intersection shall be cleared of all growth
(except isolated trees) and obstructions more than 2 1/2 feet
above the finished grade at the street center line. If directed, ground
shall be excavated to achieve visibility.
[Amended 3-2-1993 by L.L. No. 1-1993]
H.
Culs-de-sac. Where cul-de-sac streets are designed
to be so permanently, they should, in general, not exceed 500 feet
in length and shall terminate in a circular turnaround having a minimum
right-of-way radius of 75 feet and a pavement radius of 60 feet. At
the end of temporary dead-end streets, a temporary turnaround with
a minimum pavement radius of 50 feet shall be provided, unless the
Zoning Board of Appeals approves an alternate arrangement.
I.
Watercourses.
(1)
Where a watercourse separates a proposed street from
abutting property, provision shall be made for access to all lots
by means of culverts or other structures of design approved by the
Board of Trustees.
(2)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way as required by the Board of Trustees
and in no case less than 20 feet in width.
J.
Curve radii. In general, street lines within a block
deflecting from each other at any point shall be connected with an
appropriate curve.
K.
Reserve strips prohibited. Reserve strips of land
to be used to control access from the proposed subdivision to any
neighboring property or to any land within the subdivision itself
shall be prohibited.
L.
Free flow of vehicular traffic abutting commercial
developments. In front of areas zoned and designed for commercial
use or where a change of zoning to a zone which permits commercial
use is contemplated, the street width shall be increased by such amount
on each side as may be deemed necessary by the Zoning Board of Appeals
to assure the free flow of through traffic without interference by
parked or parking vehicles and to provide adequate and safe parking
space for such commercial or business district.
All street names shown on a preliminary plat
or subdivision plat shall be approved by the Zoning Board of Appeals.
In general, streets shall have names and not numbers or letters. Proposed
street names shall be substantially different so as not to be confused
in sound or spelling with present names, except that streets which
join or are in alignment with streets of an abutting or neighboring
property shall bear the same name. Generally, no street should change
direction by more than 90° without a change in street name.
A.
All lots shall have area and width equal to the minimum
requirements of the zoning regulations, if any, and local and State
Department of Health regulations applying to the district in which
they are located.
B.
Sidelines. Sidelines of lots shall be at right angles
to straight street lines and radial to curved street lines, unless
a variance from this rule will give a better street or lot plan.
C.
Corner lots. In general, corner lots should be a minimum
of 25% larger than interior lots to provide a desirable building site
with proper building setback from each street.
D.
Driveway access. Driveway grades between the street
and the setback line shall not exceed 7%.
E.
Access from private streets. Lots on private streets
shall be deemed acceptable only if such streets are designed and improved
in accordance with these regulations.
F.
Monuments and lot corner markers. Permanent monuments
meeting specifications approved by the Village Engineer as to size,
type and installation shall be set at such block corners, angle points,
points of curves in streets and other points as the Village Engineer
may require, and their location shall be shown on the subdivision
plat.
Adequate storm drainage systems shall be required
in all new subdivisions. The drainage system shall be designed by
a person licensed to perform such work.
A.
Removal of spring and surface water. Any spring or
surface water that may exist either previous to or as a result of
the subdivision shall be carried away by pipe or open ditch. Such
drainage facilities shall be located in the street right-of-way, where
feasible, or in permanent easements having a minimum width of 20 feet
and are subject to approval of the Village Engineer.
B.
Drainage structure to accommodate potential development upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside of the subdivision. The Village Engineer shall approve the design and size of facility based on anticipated runoff from a ten-year storm under conditions of total potential development permitted by Chapter 135, Zoning, in the watershed. The cost of a culvert or other drainage facility in excess of that required for the particular subdivision may be deemed to be the responsibility of the Village or may be prorated among the upstream property owners.
C.
Responsibility for drainage downstream. The subdivider's
engineer shall also study the effect of each subdivision on the existing
downstream drainage facilities outside the area of the subdivision,
and this study shall be reviewed by the Village Engineer. When it
is anticipated that the additional runoff incident to the development
of the subdivision will overload an existing downstream drainage facility
during a five-year storm, the Zoning Board of Appeals shall notify
the Board of Trustees of such potential condition. In such case, the
Zoning Board of Appeals shall not approve the subdivision until provision
has been made for the improvement of said condition.
D.
Land subject to flooding. Land subject to flooding
or land deemed by the Zoning Board of Appeals to be uninhabitable
because of flooding, soil conditions or other such hazards to person
or property shall not be platted for residential occupancy nor for
such other uses as may increase danger to health, life or property
or aggravate the flood hazard, but such land within the plat shall
be set aside for such uses as shall not be endangered by periodic
or occasional inundation or improved in a manner satisfactory to the
Zoning Board of Appeals and Board of Trustees to remedy said hazardous
conditions.[1]
E.
All subdividers shall present an individual lot drainage plan for each lot in their proposed subdivision. Such plan shall be used in the grading of lots before a certificate of occupancy is granted, as required by Chapter 135, Zoning. No roof leaders or footing drains which carry stormwater will be permitted to use a sanitary sewer or a so-called "dry well" in an area where the dominant soil is hardpan, but stormwater shall be adequately disposed of upon the ground surface.
A.
Recreation areas.
(1)
The Zoning Board of Appeals shall require that the
plat show sites of a character, extent and location suitable for the
development of a park, playground or other recreation purpose in or
adjacent to the subdivision. Where a proposed park, playground or
open space shown on the Village Plan is located in whole or in part
in the subdivision, the Board shall require that such area or areas
be shown on the plat in accordance with the requirements specified
above. Such area or areas may be dedicated to the Village by the subdivider
if the Board of Trustees approves such dedication. A maximum of 10%
of the area of the subdivision may be required for dedication for
park, playground or other recreation purposes.
(2)
In the event that an area suitable for a park or playground
is located in the subdivision, the subdivider shall submit to the
Board, prior to final approval, three prints (one on cloth), drawn
in ink, showing, at a scale of not less than 30 feet to the inch,
such area and the following features thereof:
B.
Waiver of plat designation of area for parks and playgrounds.
(1)
In cases where the Zoning Board of Appeals finds that,
due to the size, topography or location of the subdivision, land for
park, playground or other recreation purposes cannot be properly located
therein or if, in the opinion of the Board, it is not desirable, the
Board may waive the requirement that the plat show land for such purposes.
The Board of Trustees may then require, as a condition to approval
of the plat, a payment into a special Village Recreation Site Acquisition
and Improvement Fund as set from time to time by resolution of the
Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Such amount shall be paid to the Board of Trustees
at the time of final plat approval, and no plat shall be signed by
the authorized officer of the Zoning Board of Appeals until such payment
is made. All such payments shall be held by the Board in a special
Village Recreation Site Acquisition and Improvement Fund to be used
for the acquisition of land that is suitable for permanent park, playground
or other recreational purposes and is so located that it will serve
primarily the general neighborhood in which the land covered by the
plat lies and shall be used only for park, playground or other recreational
land acquisition or improvements. Such money may also be used for
the physical improvement of existing parks or recreation areas serving
the general neighborhood in which the land shown on the plat is situated,
provided that the Zoning Board of Appeals finds there is a need for
such improvements.
C.
Preservation of natural features. The Zoning Board
of Appeals shall, wherever possible, establish the preservation of
all natural features which add value to residential developments and
to the community, such as large trees or groves, watercourses and
falls, beaches, historic sites, vistas and similar irreplaceable assets.
No tree with a diameter of eight inches or more as measured three
feet above the base of the trunk shall be removed unless such tree
is within the right-of-way of a street as shown on the final subdivision
plat or individual house sites and driveways. Removal of additional
trees shall be subject to the approval of the Zoning Board of Appeals.
