The subdivider shall observe the requirements
in the following sections and principles of land subdivision in the
design of each subdivision or portion thereof.
A.
In acting upon plats, the Planning Board shall require,
among other conditions in the public interest, that the tract shall
be adequately drained, and the streets shall be of sufficient width
and suitable grade and suitable location to accommodate the prospective
traffic, to provide access for fire-fighting equipment to buildings
and to be coordinated so as to compose a convenient system conforming
to the Official Map or Master Plan or, if there is no Official Map
or Master Plan, relating properly to the existing street system.
B.
The Planning Board shall further require that all
lots shown on the plats shall be adaptable for the intended purposes
without danger to health or peril from flood, erosion or other menace.
A.
The arrangement of streets not shown on the Master
Plan or Official Map shall be to provide for the logical extension
of existing streets and to provide for future access for the remaining
land areas.
B.
Minor streets shall be so designed as to discourage
through traffic.
C.
Where a subdivision abuts or contains an existing
or proposed arterial street, the Board may require a marginal access
street, reverse frontage with screen planting contained in a nonaccess
street along the rear property line, deep lots with rear service alleys
or such other treatment as may be necessary for adequate protection
of the residential property line and to afford separation of through
and local traffic.
D.
Widths of rights-of-way.
(1)
The minimum right-of-way width shall be measured
from lot line to lot line and shall be in accordance with the following
schedule:
|
Type of Street
|
Minimum Right-of-Way
(feet)
|
|---|---|
|
Collector
|
60
|
|
Minor
|
50
|
|
Marginal access
|
50
|
(2)
The right-of-way for internal roads and alleys
in multi-family, commercial and industrial development shall be determined
on an individual basis and shall, in all cases, be of sufficient width
and design to accommodate safely the maximum anticipated traffic,
parking and loading needs.
E.
No subdivision showing reserve strips controlling
access to a street shall be approved.
F.
Subdivisions that adjoin or include existing streets
that do not conform to street widths as shown on the Master Plan or
Official Map or that do not conform to the street-width requirements
of these regulations shall dedicate additional width along either
or both sides of such streets of substandard width.
G.
Grades of all streets shall not exceed 10%. However,
the Planning Board shall have the right to require grades of less
than 10% where special conditions exist, provided that such special
conditions are set forth in writing upon the minutes of the Board.
No street shall have a grade of less than 1/2 of 1%.
H.
Street intersections shall be as nearly at right angles
as circumstances will allow and in no case shall be less than 60°.
The block corners at intersections shall be rounded at the curbline
with a curve having a radius of not less than 20 feet.
I.
A street intersection shall not be less than 125 feet
removed from the nearest other street intersection.
J.
The center line of a street shall cross an intersecting
street as a straight line.
K.
A tangent of at least 100 feet long shall be introduced
between reverse curves on all streets.
L.
No street shall be constructed which does not conform
to the minimum specifications as established by the Village.
M.
All changes in grading shall be connected by vertical
curves of sufficient length to provide a smooth transition and sight
distance of 300 feet.
N.
Dead-end streets, designed to be so permanently, shall
not be longer than 400 feet, including a turnaround at the closed
end which shall have an outside roadway diameter of 120 feet.
O.
No street shall have a name which duplicates the name
of an existing street or is so similar to the name of an existing
street as to be easily confused with it. The continuation of an existing
street shall have the same name.
P.
When connecting street lines deflect from each other
at any one point by more than 10°, they shall be connected by
a curve with a center-line radius of not less than 100 feet for minor
streets and 300 feet for arterial and collector streets.
A.
Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lot required in
the area by the Zoning Ordinance and to provide for convenient access,
circulation control and safety of street traffic.
B.
Blocks shall not exceed 1,200 feet in length.
C.
For a commercial, group housing or industrial use,
the block size shall be sufficient in the judgment of the Planning
Board to meet all area and yard requirements for such use.
A.
Where deemed essential by the Board, upon consideration
of the particular type of development proposed, or where indicated
by the Master Plan, the Board may require the dedication of sites
of a character, extent and location for the needs created by such
development for parks or playgrounds. In no case shall the Board require
more than 10% of the gross area of the subdivision to be so dedicated.
The Planning Board may require that the developer satisfactorily grade
and seed any such recreation areas shown on the plat.
B.
If the Planning Board determines that a suitable park
or parks of adequate size cannot be properly located in any such plat
or is otherwise not practical, the Board may require, as a condition
to approval of any such plat, a payment to the Village of a sum to
be determined by the Board of Trustees, which sum shall constitute
a trust fund to be used by the Board of Trustees exclusively for neighborhood
park, playground or recreational purposes, including acquisition of
land.
(1)
Ten percent of the money shall be to be paid
when final approval is granted by the Planning Board.
(2)
When 20% or less of building permits are requested,
an additional 25% of the money will be paid.
(3)
Thereafter, for every additional 20% of building
permits requested, 25% of the money will be paid until the entire
amount has been submitted.
(4)
When the developer requests his first certificate
of occupancy, the entire amount of money will become due, regardless
of how many building permits he has heretofore requested.
C.
The Board may require the preservation of any natural
feature site which adds value to the residential development or to
the community, such as large trees, woods, watercourses, historic
spots, vistas and similar irreplaceable natural or historic assets.
D.
When a park, natural or historic feature or open space
shall have been required on a subdivision plat, the approval of said
plat shall not constitute an acceptance by the Village of such an
area. The Board may require the plat to be endorsed to this effect
or require the filing of a written agreement between the applicant
and the Village Board covering future title, dedication and provisions
for the cost of improving and maintenance.
A.
The subdivider may be required by the Board to carry
away, by pipe or open ditch, any watercourse or surface water that
may exist, either previous to or as a result of the subdivision. Such
drainage facilities shall be located in the street rights-of-way where
feasible or in perpetually unobstructed easements of appropriate width.
B.
A culvert or other drainage facility shall, in each
case, be of adequate size to accommodate the potential runoff from
the entire upstream drainage area, whether inside or outside the subdivision
area. The Village Engineer shall approve the design and size of this
facility based on anticipated runoff.
C.
The subdivider's engineer shall study and submit a
written report of the effect of each subdivision on existing downstream
drainage facilities outside the area of the subdivision, this study
to be subject to review of the Village Engineer and the Orange County
Soil and Water Conservation District. Where it is anticipated that
the additional runoff incident to the development of the subdivision
will overload the existing downstream drainage facility, the Board
shall notify the Village Board of such potential condition. In such
case, the Board shall not approve the subdivision until provision
has been made for the improvement of such potential condition.
D.
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially to the
lines of such watercourse and such further width or construction,
or both, as the Board may deem adequate for the purpose.
A.
The proposed subdivision plat shall be properly endorsed
and approved by the Orange County Department of Health. Such endorsement
and approval shall be secured by the subdivider after approval of
the preliminary layout by the Board.
B.
Department of Health approval shall constitute only
the minimum requirement necessary and public sanitary sewer and water
systems shall be required for all subdivisions.
C.
All sewage disposal and water supply systems and facilities
shall be constructed in accordance with the customarily specified
materials, grades, fittings, etc., required by the Orange County Department
of Health; but the Planning Board may require additional or different
construction in order to have the new system or extension coincide
with the existing Village sewage disposal and water supply systems.
D.
Water and sewer mains to be maintained by the Village
shall be located in the street right-of-way wherever possible on property
owned by the Village or on easements conveyed to the Village.
E.
Sewer system facilities shall be constructed in accordance
with the Village of Montgomery Sewer Use Ordinance, and the water
system facilities shall be constructed in accordance with the Village
of Montgomery Water Rules, Regulations and Rents, as amended.[1]
F.
Fire hydrants shall be placed one for every 350 feet
of street. Location of hydrant shall be specified by the Fire Chief
and be Mueller, Kennedy, Eddy or equal in conformity with the Village
of Montgomery specifications.
All street intersections shall be marked by
double-faced street signs in conformity with existing Village signs
erected on two-inch diameter galvanized iron poles placed in concrete.
A.
The Board may require the installation of fire-alarm
boxes and connection to the Village fire-alarm system in every development.
There shall be at least one if the nearest existing or proposed fire-alarm
box is more than 1,000 feet from the subdivision or if there are less
than 20 housing units or there is less than 2/10 of a mile of new
street.
B.
The equipment shall be such as will coordinate into
the Village system.
A.
Every subdivision shall have shade trees planted along
both sides of the street.
B.
Trees shall be planted so that they are not more than
40 feet from another on the same side of the street.
C.
Trees shall be two inches in diameter at three feet
above the finished grade level and at least five feet high.
D.
Trees shall be hardy and suitable to local soil and
climate. All trees must meet the standards of the American Standard
for Nursery Stock. Poplars, box elders, catalpas, horse chestnuts,
willows and elms shall not be planted.
A.
Electric, telephone and television cable lines shall
be installed underground in accordance with the New York State Public
Service Commission regulations.
B.
The subdivider shall be responsible for the installation
of electric-light standards and lights which shall be located 200
feet apart, staggered on both sides of the street, the design of which
shall be acceptable to Central Hudson Gas & Electric Corp. and
the Planning Board.
C.
Location of lines, standards, transformers, road crossings,
house service connections and other appurtenances shall be shown on
a plan submitted to the Board as part of the final approval.
A.
Curbs shall be installed in all subdivisions.
B.
The specifications are shown on the street specifications
of the Village of Montgomery.
C.
The Board may waive the requirement of curbs on either
or both sides of the street, in whole or part, when it is determined
that curbs are not necessary to control the flow and direction of
drainage or to prevent erosion of banks, ditches or road.
A.
If at any time before or during the construction of
the required improvements it is demonstrated to the satisfaction of
the Planning Board that unforeseen conditions make it necessary to
modify the location or design of such improvements, the Board may
authorize such modifications upon written request of the subdivider,
provided that such modifications are within the spirit and intent
of the Board's approval and the purpose of these regulations. Copies
of the authorized modifications shall be made part of the official
record of the Board.
B.
The construction of all required improvements shall
be supervised by a registered professional engineer employed by the
subdivider who, after completion of construction, shall certify to
the Board that all required improvements have been constructed as
required and approved by the Board or as modified by the Board.
C.
The Zoning Enforcement Officer or other duly designated
official shall inspect required improvements during construction to
assure their satisfactory completion, and the Board shall require
a certificate from such official stating that all required improvements
have been satisfactorily completed.
D.
If the Enforcement Officer or other duly designated
official shall find, upon inspection, that any of the required improvements
have not been constructed in accordance with the plans and specifications
filed by the subdivider, the subdivider and/or the bonding company
will be severely and jointly liable for the costs of completing said
improvements according to specifications.
E.
No plat which may be an extension or section of a
previously recorded plat or no new plat, regardless of location, shall
be approved by the Board, if the subdivider has not fully complied
with the construction of all the required improvements in a previously
recorded plat submitted by him for approval.
F.
If the Enforcement Officer or other designated official
does not carry out inspection of required improvements during construction,
the subdivider or the bonding company shall not in any way be relieved
of their responsibilities.
A.
Prior to final approval of the subdivision plat by
the Planning Board and in lieu of completion of all or certain required
improvements, the subdivider shall file with the Board or its duly
authorized agent a performance bond or certified check to cover the
full cost of the required improvements in an amount set by the Board.
Such bond shall comply with the requirements of § 7-730
of Village Law and shall be satisfactory to the Village Attorney as
to form, sufficiency and manner of execution and by the Board of Trustees
as to surety. A period of not to exceed three years, within which
required improvements must be completed, shall be set forth in the
bond. The Village Board shall release the bond upon certification
of the Village Engineer and Attorney that all requirements of the
bond have been satisfied.
B.
The subdivider shall complete all required improvements
or post the required performance bond, either or both, to the satisfaction
of the Village Board before any building permits will be issued.
C.
In either case, the Board may require the subdivider
to file with the Village Board a bond in an amount to be determined
by the Board to be adequate to assure the satisfactory condition of
the initial improvements for a period of one year following their
completion and acceptance by the Village Board. Such bond shall be
satisfactory to the Village Attorney as to form, sufficiency and manner
of execution and by the Board of Trustees as to surety.
D.
The amount of the maintenance bond shall not exceed
10% of the amounts of the performance bond or total cost of the improvements.
