Village of Malone, NY
Franklin County
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Table of Contents
Table of Contents
In considering applications for subdivision of land, the Planning Board 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 VI 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, if any, 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 listed herein and any other applicable village specifications.
A. 
Width, location and construction. Streets shall be of sufficient width, suitably located and adequately constructed to conform with the Master Plan and to accommodate the prospective traffic and afford access for fire fighting, 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. The arrangement of streets in the subdivision shall provide for the continuation of the principal street of any adjoining subdivision and for proper projection of the principal street 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 required later, of needed utilities and public services such as sewers, water and drainage facilities. Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified. Subdivisions containing 20 lots or more shall have at least two street connections with existing public streets 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 treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
E. 
Provisions 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 requirement 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 the continuation of pedestrian traffic and utilities to the next street.
G. 
Block size. Blocks generally shall not be less than 600 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 Planning Board 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 four-foot-wide paved footpath 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 so 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 Planning Board 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. 
Width 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.
[Amended 3-12-1990 by L.L. No. 1, 1990]
Minimum Right-of-Way
Minimum Pavement Width
With Curbs
(feet)
With Shoulders
(feet)
With Curbs*
(feet)
With Shoulders and Ditches
Major streets
66
75
38
33 feet with 2 8-foot shoulders
Collector streets
60
70
30
26 feet with 2 6-foot shoulders
Minor streets
50
50
24
20 feet with 2 5-foot shoulders
*
NOTE: Major and collector streets shall have four-foot sidewalks on each side where curbs are used.
B. 
Required street improvements. Not later than 180 days after the final approval, the subdivider shall have installed or shall have furnished adequate bond or other security for the installation 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 village, county or state authorities, according to the nature of the improvements. The village shall not issue a building permit for erections of structures until these requirements are met.
(1) 
Subgrade: All topsoil, muck, quicksand, spongy material and other objectionable material shall be removed from an area on each side of the center line sufficient to provide the required base course for the pavement and shoulder width called for. After it has been properly shaped to the approved profile, the subgrade should be rolled and compacted. Drainage ditches at least 18 inches below the crown of the finished pavement shall be provided on each side of the road where shoulders are used. Fills shall be properly rolled and compacted. No gravel or stone for the base course is to be placed on the subgrade until the subgrade and drainageways are approved by the Village Engineer.
(2) 
Base course: A full base course shall extend under the required pavement, curbing and/or shoulder width, consisting of not less than 12 inches of gravel, which gravel is approved by the Village Engineer and compacted in layers not exceeding six inches each.
[Amended 3-12-1990 by L.L. No. 1, 1990]
(3) 
Binder course: An asphalt binder course, a minimum of three inches thick for major and collector streets and 2 1/2 inches thick for minor streets and corresponding to the required pavement width, shall be installed as per Section 403 of the New York State Department of Transportation Standard Specifications, 1985 or more current edition.
(4) 
Surface course: A compacted asphalt surface course, a minimum of 1 1/2 inches thick for major and collector streets and one-inch thick for minor streets and corresponding to the required pavement width shall be installed as per Section 403 of the New York State Department of Transportation Standard Specifications, 1985 or more current edition.
[Amended 3-12-1990 by L.L. No. 1, 1990]
C. 
Street drainage. Street and road culverts, headwalls or other necessary appurtenances shall be installed by the developer where necessary. Where there is no natural stream or watercourse for the drainage of surface water from a proposed street or road, the developer shall secure rights-of-way and construct ditches or install storm drains to a natural waterway as the Village Engineer directs. All street storm and sanitary sewers shall be constructed according to grades on the plat submitted at the public hearing. Any changes in grade shall require the approval of the Village Board. Driveway culverts shall be not less than 12 inches in diameter and shall be of corrugated metal or reinforced concrete. Installation is to be approved by the Village Engineer.
D. 
Utilities in streets. Water and sewer lines shall be placed in the street right-of-way between the street pavements and the street right-of-way line wherever possible to simplify location and repair of lines when they require attention. Electrical and telephone service, gas mains and other utility installations shall be arranged for by the developer within each subdivision. Consideration shall be given to placing these utilities underground where warranted to increase safety, enhance aesthetic values, improve practicability on curving streets and to reduce maintenance costs and utility failures due to accidents or storm damage.
E. 
Grades. Grades of all streets shall conform in general to the terrain and shall not be less than 1/2% nor more than 6% for major, 8% for collector or 10% for minor streets in residential areas, but in no case more than 3% within 50 feet of any intersection.
(1) 
All changes in grade shall be connected by vertical curves of such length and radius to meet with the approval of the Village Engineer so that clear visibility shall be provided for a safe distance.
(2) 
A combination of steep grades and curves shall be avoided.
F. 
Curves and visibility at intersections.
(1) 
All street right-of-way lines at intersections shall be rounded by curves of at least 20 feet radius, and roadway intersections shall be rounded by curves at least 25 feet measured from the edge of the improved traveled surface.
(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 a triangular area formed by the intersecting street right-of-way lines and a straight line joining said lines at a fifty-foot distance from the point of intersection shall be cleared of all growth (except isolated trees) and obstructions more than three feet higher than the center line of the street. If directed, ground shall be excavated to achieve visibility.
G. 
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 radius of 60 feet and a pavement radius of 50 feet. At the end of a temporary dead-end street, a temporary turnaround with a pavement radius of 50 feet shall be provided unless the Planning Board approves an alternate arrangement.
H. 
Watercourses. 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 Village Engineer.
I. 
Curve radii. In general, street lines within a block deflecting from each other at any one point by more than 10° shall be connected with a curve, the radius of which for the center line of the street shall not be less than 400 feet on major streets, 200 feet on collector streets and 100 feet on minor streets.
J. 
Reserve strips discouraged. Reserve strips of land to be used to control access from a proposed subdivision to any neighboring property or to any land within the subdivision itself shall be discouraged, and the Planning Board shall negotiate an equitable arrangement with the adjacent owners, and terms for future access will be arranged.
K. 
Free flow of vehicular traffic abutting commercial developments. In front of areas zoned and designed for commercial use or where a change to a zone which permits commercial use is contemplated, the street width shall be increased by such an amount on each side as may be deemed necessary by the Planning Board to assure free flow of through traffic without interference by parked cars or parking vehicles and to provide adequate and safe parking space for such commercial and business district.
All names on the preliminary layout or final subdivision plat shall be approved by the Planning Commission. 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 that join or are in alignment with streets or 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. 
Lot size. All lots shall have area and width equal to minimum requirements of the Zoning Regulations,[1] if any, and Local and State Department of Health regulations applying to the district in which they are located; provided however, that no lot shall have a road frontage of less than 75 feet nor an average depth, measured perpendicular to the road or to the chord of a curved road, of at least 100 feet.
[Amended 3-12-1990 by L.L. No. 1, 1990]
[1]
Editor's Note: See Ch. 66, Zoning.
B. 
Side lines. Side lines of lots shall be at right angles to straight street lines and radial to curved street lines unless a variance from this rules will give a better street or lot plan.
C. 
Corner lots. In general, corner lots should be larger than interior lots to provide a desirable building site with proper setback from each street. Corner lots should have a frontage of at least 100 feet on each road.
[Amended 3-12-1990 by L.L. No. 1, 1990]
D. 
Driveway access. Driveway grades between the street and 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.
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 of appropriate width.
B. 
Drainage structure to accommodate upstream area. A culvert, ditch, storm sewer, catch basin, inlet 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 twenty-five-year, six-hour storm from current upstream conditions.
C. 
Responsibility for drainage downstream. The subdivider's engineer shall also study the effect of each subdivision on 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 incidental to the development of the subdivision will overload an existing downstream drainage facility during a twenty-five-year, six-hour storm, the Planning Board shall notify the Village Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provisions have been made for the improvement of such condition.
D. 
Land subject to flooding. Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy, nor for such other use 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 Planning Board to remedy said hazardous conditions. All subdividers shall present an individual lot drainage for each lot in their proposed subdivision. Such plan shall be used in the grading of lots before a certificate of occupancy is granted. No roof leaders or footing drains which carry stormwater will be permitted to use sanitary sewer nor a so-called dry well in an area where dominant soil is hardpan but shall be adequately disposed of upon the ground surface.
A. 
Recreation areas.
(1) 
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 Village Board approves of such dedication. A maximum of 10% of the area of the subdivision may be required for dedication for park, playground or other recreation purpose.
(2) 
In the instance of a subdivision involving the creation of 25 lots or more, the Planning Board shall, and, in the instance of a subdivision of 24 lots or less, the Planning Board may, require up to 10% of the land area of such subdivision be reserved and improved for open space recreation areas.
B. 
Preservation of natural features. The Planning Board shall, whenever possible, establish the preservation of all natural or historic features which add value to residential development and to the community, such as large trees or groves, watercourses and falls, vistas, architectural or historic sites and similar irreplaceable assets.
A. 
Areas on which vegetation has been destroyed or removed, excluding areas proposed for road surfaces or shoulders, driveways, building sites or parking lots, shall be successfully revegetated or otherwise stabalized with structural measures to minimize the potential for soil erosion as soon as practicable.
B. 
Revegetation measures and efforts shall be evaluated by visual inspection which shall include identification and measurement of the actual condition of new healthy vegetation. Such evaluation shall be made not sooner than 180 days from the date of planting and not later than 360 days from the date of planting.
C. 
Corrective action shall be instituted and completed within the time specified by the enforcement officer upon determination of unsatisfactory compliance with this section. In making any determination required by this section, the enforcement officer shall consider significant rills, gullies, loss of mulch, loss of seed or failure of seed germination as evidence of unsatisfactory compliance.
D. 
Construction operations requiring revegetation of an aggregate area larger than 20,000 square feet shall be done in stages. Each stage shall consist of no more than 20,000 square feet of surface area. Each stage shall receive complete treatment for revegetation or mulching as if the stages were individual constructions.
E. 
Upon completion of final grading of any area, revegetation operations shall begin within seven days and shall be completed within 15 days. In the event that more than seven days shall elapse between any consecutive construction operations that materially disturb the soil, such areas shall be adequately mulched or otherwise stabilized with structural measures within seven days of disturbance and shall be completed within 15 days to minimize potential for soil erosion.
A. 
Streetlights shall be arranged for by the subdivider where appropriate, as determined by the Planning Board, and be of the type and at such intervals as specified by the Planning Board.
B. 
Street trees are to be provided by the subdivider in untreated areas at a staggered spacing of 50 feet. Retention and preservation of existing trees shall be practiced wherever possible and may satisfy the street tree requirement.
C. 
Street signs shall be of the type and in a location satisfactory to the Planning Board.