[HISTORY: Adopted by the Board of Trustees of the Village of Dundee 5-13-1975 by L.L. No. 1-1975 as Ch. 31 of the 1975 Village of Dundee Municipal Code. Amendments noted where applicable.]
By the authority of the resolution of the Village Board of the Village of Dundee, adopted on July 1, 1969, pursuant to the provisions of Article 16 of the Village Law of the State of New York, the Planning Board of the Village of Dundee is authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, to approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the county and to conditionally approve preliminary plats, within the Village of Dundee.
These regulations, which shall be known as and which may be cited as the "Village of Dundee Land Subdivision Regulations," have been adopted by the Planning Board on July 1, 1969, and approved by the Village Board on January 27, 1970.
[Added 4-13-2010 by L.L. No. 1-2010]
Exemption. Notwithstanding any other provisions of this chapter, a lot line adjustment shall not be considered a subdivision and therefore is exempt from the procedural requirements otherwise imposed upon a subdivision. A lot line adjustment, however, must be determined to be exempt by the Code Enforcement Officer based upon the lot line adjustment criteria set forth herein.
Criteria for classification as a lot line adjustment:
No new lot is to be created; or
The action is intended to adjust, relocate or correct an existing lot line; or
The intended conveyance will involve a part of one lot being added to an adjoining lot; and
An application for a lot line adjustment exemption shall be submitted to the Code Enforcement Officer and be in a form prescribed by the Board of Trustees.
The fee for such application shall be set by resolution of the Board of Trustees.
The application shall contain:
The name, address and telephone number of each lot owner involved in the lot line adjustment.
The address and tax map number of each lot involved.
An explanation of the intended adjustment and the reason(s) therefor.
A map, acceptable to the Code Enforcement Officer, drawn to scale depicting the existing lot lines as well as the proposed new lot line.
Any other documentation and/or information required by the Code Enforcement Officer.
The Code Enforcement Officer shall make a determination of whether to grant the exemption within 10 days of the application submission being complete and shall, within such ten-day period, provide written notification thereof to the applicant. In the event that the exemption is denied, the Code Enforcement Officer shall specify the reason(s) therefor in the written notice.
No subdivision of any lot, tract or parcel of land shall be effected, no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use and travel or the common use of occupants of buildings abutting thereon except in strict accordance with the provisions of these regulations.
All plans for subdivisions shall be submitted to the Dundee Planning Board and approved by it before they shall be recorded.
The provisions contained herein shall apply to all land within the limits of the Village of Dundee.
It is declared to be the policy of the Village of Dundee to consider land subdivision plats as part of a plan for the orderly, efficient and economical development of the Village of Dundee. This means, among other things, that:
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.
Proper provision shall be made for drainage, water supply, sewerage and other needed improvements.
All proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties.
The proposed streets shall compose a convenience system and shall be properly related to the proposals shown on the Master Plan and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access of fire-fighting equipment to buildings.
Proper provision shall be made for open spaces for parks and playgrounds.
As used in these regulations, the following terms shall be defined as follows:
- A right-of-way granted for limited use of private land for a public or quasi-public purpose.
- ENGINEER or LICENSED PROFESSIONAL ENGINEER
- A person licensed as a professional engineer by the State of New York.
- ENGINEER, VILLAGE
- The engineer employed by the Village of Dundee.
- A tract or parcel of land.
- MASTER OR COMPREHENSIVE PLAN
- A comprehensive plan, prepared and adopted by the Planning Board, which indicates the general locations recommended for various functional classes of public works, places and structures and for general physical development of the Village of Dundee and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein that may be approved by said Planning Board.
- PLANNING BOARD
- The Planning Board of the Village of Dundee.
- A drawing, in final form, showing a proposed subdivision containing all information or detail required by law and by these regulations to be presented to the Planning Board for approval, and which, if approved, may be duly filed or recorded by the applicant in the office of the County Clerk.
- A strip of land, including the entire right-of-way, intended for use as a means of vehicular and pedestrian circulation.
- The owner, or authorized agent of the owner, of a subdivision.
- The division of any parcel of land into two or more lots.
- A person licensed as a land surveyor by the State of New York.
General procedure. Whenever any subdivision of land is proposed to be made, and before any contract for the sale of, or any offer to sell any lots in such subdivision or any part thereof is made, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the following procedures:
Preliminary discussion. Prior to the formal submission of a sketch plan, it is recommended that the developer shall attend the regular meeting of the Planning Board to informally discuss his development plans. Such discussion shall include zoning and subdivision requirements, street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
Submission of subdivision plat. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least 10 days prior to the regular meeting of the Board five copies of a subdivision plat of the proposed subdivision, for the purposes of plat submission. The regular date of the Planning Board shall be deemed the date of regular submission.
Approval of subdivision plat.
All applications for subdivision plat approval shall be accompanied by a fee of $10 or $5 per lot, whichever is greater.
The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the subdivision plat.
A public hearing shall be held by the Planning Board within 30 days from the time of submission of the subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the Village of Dundee at least 10 days before such hearing. A notice of the hearing shall be posted in three permanent places at least five days before such hearing.
The Planning Board shall, within 45 days from the date of the public hearing, approve, modify and approve or disapprove the subdivision plat.
The subdivision plat submitted to the Planning Board shall be based on Tax Map information or some other similarly accurate base map at a scale [preferably not less than 200 feet to the inch] to enable the entire tract to be shown on one sheet. The plat map shall be submitted, showing the following information:
The location of that portion which is to be subdivided in relation to the entire tract and the distance to the nearest existing street intersection.
All existing structures, wooded areas, streams and other significant physical features, within the portion to be subdivided and within 200 feet thereof. If topographic conditions are significant, contours shall also be indicated at intervals of not more than 10 feet.
The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records.
The Tax Map sheet, block and lot numbers, if available.
All the utilities available and all streets which are either proposed, mapped or built.
The proposed pattern of lots, including lot width and depth, and the street layout, recreation areas, systems of drainage, sewerage and water supply within the subdivided area.
All existing restrictions on the use of land, including easements, covenants or zoning lines.
For subdivisions of four lots or more, the name of the registered engineer, surveyor or architect responsible for the plat.
Plans should be submitted to conform to state and county regulations.
[Added 5-23-1989 by L.L. No. 2-1989]
The design standards, listed below, shall be incorporated in all proposed plans:
Land requirements. Land shall be suited to the purposes for which it is to be subdivided and shall be of such character that it can be used safely without danger to health or peril from flood, fire or other menace.
Street system layout.
The location of all major streets in the proposed subdivision shall conform in general alignment to the Master Plan adopted by the Planning Board.
The proposed street layout shall provide for the continuation or projection of existing streets in the surrounding areas unless the Planning Board deems such extension undesirable for specific reasons of topography or design.
Streets shall be logically related to the topography to produce usable lots and reasonable grades.
Proposed streets shall be extended to provide access to adjoining property where necessary.
All lots shall be accessible to fire equipment.
Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than 60°.
Multiple intersections involving junction of more than two streets shall be avoided. Where this proves impossible, such intersections shall be designed with extreme care for both pedestrian and vehicular safety.
To the fullest extent possible, intersections shall be located not less than 200 feet apart, measured from center line to center line.
Lots and lot sizes.
Easements. Easements with a minimum width of 10 feet plus the width of any required pipe or other improvement shall be provided as necessary for utilities.
Storm drainage. Lots shall be laid out and graded to provide positive drainage away from buildings.
Minimum improvements and construction standards required of all subdivisions shall be as set forth in this section and shall further be in accordance with the prevailing standards as established by the Village Board upon advice of the Planning Board.
Public water supply. Where a public water supply, in the opinion of the Planning Board, is reasonably accessible, the subdivision shall be provided with a complete water distribution system, including a connection for each lot. Where a public water supply is not in reasonable distance, an alternate supply, approved by the State Department of Health, shall be furnished.
Public sewer system. Where a public sewer system, in the opinion of the Planning Board, is reasonably accessible, the subdivision shall be provided with complete public sewer connections, including connections, for each lot. Where a public sewer system is not in reasonable distance, an alternative supply, approved by the State Department of Health, shall be furnished.
Performance bond. The Planning Board will require that the subdivider post with the Village Board a certificate check or bond made out to the Village of Dundee in an amount sufficient to cover the full cost of installing the required improvements as estimated by the Village Engineer. In the case of a bond filed, it shall be with surety satisfactory to the Village Board, and the time for the completion of improvements and installations shall be specified, such time to be satisfactory with the Village Board.
[Amended 5-23-1989 by L.L. No. 2-1989]
Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the Master Plan or the Zoning Law.
Where the Planning Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions.
In granting modifications, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
Editor's Note: Former Art. VI, Violations and Penalties, consisting of § 31.100, Violations and penalties, and § 31.105, Procedure for abatement of violations, which immediately followed this section, was deleted 5-23-1989 by L.L. No. 2-1989.