Village of Hewlett Bay Park, NY General Design Requirements

Land to be subdivided shall be designed in reasonable conformity with 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.

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.

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 duly filed in the office of the County Clerk prior to the effective date of this chapter. 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.

§ 131-22 Streets.

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.

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.

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.

Continuation of streets into adjacent properties.

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.

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 no more than double the permitted length of permanent dead-end streets.

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.

Permanent dead-end streets. Where a street does not extend to the 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 deadend 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 12 times the minimum lot width for the zoning district in which it is located.

Solar access consideration. 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 access. 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.

Street names. The Board of Trustees shall designate 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.

Design standards for new streets. Streets shall meet the design standards set forth in the following table. Street classifications may be determined by the Planning Board. Standards are not shown for streets which would be built by the state or county.

Design Standards for New Streets
Specification		Standard
Minimum width traveled way		20 feet
Road pavement, shoulders, drainage structures, curbs, turnarounds, etc.		(See Construction Standards and Specifications)
Maximum grade:
	Local street	10%
	Collector street	8%
Minimum length of vertical curve:
	Local street	100 feet, but not less than 20 feet for each 1% algebraic difference in grade
	Collector street	100 feet, but not less than 20 feet for each 1% algebraic difference in grade
Minimum length of tangents between reverse curves:
	Local street	100 feet
	Collector street	100 feet
Minimum sight distance:
	Local street	200 feet
	Collector street	200 feet
	All intersections	Across corner 75 feet back from intersection
Minimum turnaround:
	Diameter of right-of-way	120 feet
	Diameter of pavement	100 feet
Maximum length of cul-de-sac:
	Permanent	6 times minimum lot width
	Temporary	12 times minimum lot width
Sidewalks		Both sides 4 feet wide
Minimum radius at intersections:
	Right-of-way	25 feet
	Pavement	25 feet

§ 131-23 Improvements.

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 or vary, 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. Wherever the area to be subdivided is to utilize existing road frontage, said road shall be improved as provided above.

Drainage improvements.

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.

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.[1] 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.

Editor's Note: See Ch. 146, Zoning.

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 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.

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. Cable television shall be considered a utility for the purposes of this section.

Other improvements.

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.

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. The type and location of such signs shall be approved by the Board of Trustees of the Village of Hewlett Bay Park.

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 Hewlett Bay Park. 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. 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 construction standards and specifications of the appropriate agency. 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)

Street trees. The Planning Board may require the planting of new street trees in subdivisions which are lacking in trees or in which a substantial loss of trees has occurred or will occur in the process of road construction. Such trees shall preferably be of a hardwood variety, of a type indigenous to the neighborhood and shall be planted in fertile or fertilized ground and shall be watered and nurtured until growth is assured. Trees shall have a minimum diameter of trunk to a point six feet above ground level of at least 2 1/2 inches. If planting of such trees is required, the applicant shall first submit a planting plan to the Planning Board for approval. In general, trees shall be planted on both sides of the road, within the road right-of-way but outside of any sidewalks and at intervals of 60 feet on center.

(7)

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 Planning Board, appropriate fire district or other municipal agency having jurisdiction.

(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.

§ 131-24 Lots.

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,[1] the County Health Department regulations and other applicable regulations. If a proposed subdivision includes land that is zoned for commercial 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.

Editor's Note: See Ch. 146, Zoning.

Driveways. Approximate driveway locations shall be shown on the construction plans. The maximum driveway gradient to the building site shall not exceed 10%, and the intersection of driveways with the road shall be so oriented and graded that vehicles may use the driveways safely. 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.

Lot dimensions.

Lot area and dimensions shall comply with at least the minimum standards of the Zoning Law for the district in which they are located. 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.

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.

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.

Access from collector streets. Lots shall not, if possible, 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.

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.

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 part of the minimum lot area required under the Zoning Law[2] may be satisfied by land which is under water or is defined as a wetland by the New York State Department of Environmental Conservation.

[2]

Editor's Note: See Ch. 146, Zoning.

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.

Steep slopes and easements. No more than 25% of the minimum lot area required under the Zoning Law may be satisfied by land with unexcavated slopes over 25% or within utility easements or other easements or rights-of-way.

Subdivision with land in two or more zoning districts or municipalities.

In general, a lot should not be divided by a zoning district or municipal boundary. If it is, however, necessary for a zoning district boundary to cross a lot, such lot shall be designed so that it can be readily developed in accordance with the standards of the more restrictive zoning district. If it is necessary for a municipal boundary line to cross a lot, the Planning Board may require suitable legal agreements to assure that the two portions of the lot will not be separated in the future and that the portion of the lot in the adjoining municipality will not be used for any purpose that would make it nonconforming if the entire lot were located within the Village of Hewlett Bay Park.

Whenever a subdivision includes land in two or more zoning districts and/or municipalities, the location of the zoning district and/or municipal boundary line shall be shown on the plat, and, in addition, where zoning boundaries are involved, the following notation shall be added: "Existing zoning boundaries as of __________, 19_____."

§ 131-25 Reservations and easements.

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.

Park reservations.

General standards. The Planning Board may require that land be reserved within subdivisions for a park or parks suitably located for playground or other recreational purposes. Each reservation shall be of suitable size, dimensions, topography and general character and shall have adequate street access for the particular purpose or purposes envisioned by the Planning Board. The area shall be shown and marked on the plat as "reserved for park purposes."

Minimum size. Area for parks shall be of reasonable size for neighborhood playgrounds or other recreational uses. Not more than 10% of the area of the subdivision shall be set aside for such purposes.

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.

(4)

Cash payment in lieu of reservation. Where the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in a subdivision or where such a reservation is otherwise not appropriate or 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 Planning Board. Moneys collected in such fashion shall constitute a trust fund, which shall be utilized only for park, playground or recreation purposes, including the acquisition of land, or for historic preservation purposes or otherwise as provided by law. To the extent that Subdivision 1 of § 7-730 of the Village Law may be inconsistent with this section, said provision of the Village Law is superseded by this section.

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 alignment (or widening) purposes." Land reserved for such purposes may not be counted in satisfying yard or area requirements of the Zoning Law.[1]

Editor's Note: See Ch. 146, Zoning.

Utility and drainage easements.

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.

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.

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.

Sight easements. Sight easements shall be provided across all street corners, outside the street right-of-way and 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.

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.

§ 131-26 Self-imposed restrictions.

The subdivider may place restrictions which are greater than those required by the Zoning Law[1] on any of the land contained within the subdivision. Such restrictions shall be indicated on the final subdivision plat.