§ 150-11Conformance required.
§ 150-12General provisions.
§ 150-13Streets.
§ 150-14Blocks.
§ 150-15Lots.
§ 150-16Parklands and other open space.
§ 150-17Drainage improvements.
§ 150-18Water and sewage facilities.
§ 150-19Modification and inspection of improvements.
§ 150-20Performance and maintenance bonds.
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.
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 suitably located 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. Approved monuments shall be placed at such block corners and other necessary points as specified by the Zoning Enforcement Officer, Village Engineer or duly designated official.
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, fire, erosion or other menace. Required improvements shall be designed and constructed to conform to the specifications as established by the Village Board.
The arrangements 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 remaining land areas.
Minor streets shall be designed to discourage through traffic.
Where a subdivision abuts or contains an existing or proposed arterial street, the Board may require marginal access street, 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.
Right-of-way widths.
No subdivision showing reserve strips controlling access to streets shall be approved.
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 this chapter shall dedicate additional width along either one or both sides of such streets of substandard width. If the subdivision is along one side only, 1/2 of the required width shall be dedicated.
Grades of arterial and collector streets shall not exceed 7%. Grades on other streets shall not exceed 10%. However, the Planning Board shall have the right to require grades of less than 10% where 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%.
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 round at the curbline with a curve having a radius of not less than 20 feet.
A street intersection shall not be less than 125 feet removed from the nearest other street intersection.
The center line of a street shall cross an intersecting street as a straight line.
A tangent of at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
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.
All changes in grade shall be connected by vertical curves of sufficient length to provide a smooth transition and sight distance.
Dead-end streets, designed to be so permanently, shall not be longer than 400 feet and shall be provided at the closed end with a turnaround having a minimum outside roadway diameter of 125 feet.
No street shall have a name which duplicates the name of an existing street or is similar to the name of an existing street so as to be easily confused with it. The continuation of an existing street shall have the same name.
Streets shall be graded and improved with pavements in accordance with the minimum road specifications of the Village of Washingtonville, New York, as amended.
The approval by the Board of a subdivision plat showing new streets shall not be deemed to constitute or be evidence of an acceptance by the village of any such streets.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 175, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
Block lengths shall not exceed 1,200 feet in length.
For 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.
All lots created by subdivision shall conform to the requirements of Chapter 175, Zoning, for area and dimensions.
Side lot lines shall be substantially at right angles to street lines.
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
The subdividing of land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.
Corner lots shall have extra width to permit appropriate building setback from both streets.
Minimum lot size shall be 12,000 square feet.
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 site of a character, extent and location for the need of or by such development for parks and playgrounds. In no case shall the Board require that more than 10% of the gross area of the subdivision be so dedicated. The minimum of any one area acceptable in fulfillment of this provision shall not be less than three acres. Open spaces of a lesser area may be approved where the difference may be made up in conjunction with the future subdivision of adjacent land. At the Planning Board's discretion, a fee may be required in lieu of land according to the provisions of § 150-16B.
In cases where the Board finds that, due to size, topography or location of a subdivision, the requirement for land dedication would be unreasonable or undesirable or in the event that the Board requires less than 10% of the gross area of the subdivision to be so dedicated, the Board shall waive the requirement for the dedication of 10% of the gross area or such portion thereof as it deems suitable. In the event that such dedication is waived, in whole or in part, it shall require that a reasonable cash deposit for each proposed lot, the amount to be determined by the Planning Board, be paid into a special fund for the future acquisition and/or improvements of recreational facilities in the village.
The Board may require the preservation of any natural feature of site which adds value to the residential development or to the community, such as large trees, weeds, watercourses, historic spots, vistas and similar irreplaceable natural or historic assets. Treeless sites must be planted to the satisfaction of the Planning Board.
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 town 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 Town Board covering future title, dedication and provisions for the cost of improving and maintenance.
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.
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 Zoning Enforcement Officer, Village Engineer or duly designated official shall approve the design and size of this facility based on anticipated runoff.
The subdivider's engineer shall study 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 Zoning Enforcement Officer, Village Engineer or duly designated official. 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.
Where a subdivision is traversed by a watercourse, drainage way, 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.
The Planning Board reserves the right to reject any subdivision or lots thereof which are subject to flooding according to studies by the Soil Conservation Service and to disregard such land in its computation of buildable area for the purpose of cluster development.
The proposed subdivision plat shall be properly endorsed and approved by the New York State Department of Health. Such endorsement and approval shall be secured by the subdivider after approval of the preliminary plat by the Board. All subdivisions must provide their own water and sewer lines and must connect into the village water and sewer systems. Upon completion and approval by the Zoning Enforcement Officer, Village Engineer or duly designated official, all water and sewer systems will be dedicated to the village.
Water and sewer mains to be maintained by the town shall be located in the street rights-of-way or in perpetually unobstructed easements of a width adequate for servicing.
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 purposes of these regulations. Copies of the authorized modification shall be made part of the official record of the Board.
A registered professional engineer employed by the subdivider, after completion of construction, shall certify to the Board that all required improvements have been constructed as required and approved or modified by the Board and shall submit a certified reproducible copy of record drawings ("as-built plans") to the Zoning Enforcement Officer, Village Engineer or duly designated official. Record drawings shall show location, elevation and grade of all public improvements in form acceptable to the Zoning Enforcement Officer, Village Engineer or duly designated official.
The Zoning Enforcement Officer, Village Engineer 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 all required improvements have been satisfactorily completed.
If the Zoning Enforcement Officer, Village Engineer or other duly designated official shall find, upon inspection, that any of the required improvements have not been constructed in accordance with the plats and specifications filed by the subdivider, the subdivider and/or the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.
If the Zoning Enforcement Officer, Village Engineer or other duly 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.
Staged development.
When the proposed final plat is a second or subsequent section of an approved preliminary plat:
Before final approval is granted to any subsequent section of an approved preliminary plat, 60% of the public improvements shown on the last approved section and 100% of the public improvements shown on any and all section or sections approved prior to the last approved section shall be completed in an acceptable manner.
Before the Building Inspector may issue any building permit for a lot on such final plat, 80% of the public improvements shown on the last approved final plat must be completed in an acceptable manner.
Before the Building Inspector may issue any building permits for the last 10% of the lots of the entire subdivision, not to exceed 20 units, however, 100% of the public improvements of the entire subdivision shall be completed in an acceptable manner.
These provisions shall apply notwithstanding the fact that subdivision sections or lots may have been conveyed to an owner or owners other than the original subdivider.
Legislative intent.
The Board of Trustees of the Village of Washingtonville hereby finds and determines that the existing system of performance and maintenance bonds provided to the municipality as an alternative to the prior completion of public improvements in a subdivision is deficient in providing for and protecting the public health, safety and welfare. Inflation, inadequate estimates, incomplete and/or inadequate description of improvements in bonds, unmeritorious defenses to enforcement of bonds and the high cost of enforcing performance and maintenance bonds have resulted in failure to properly complete public improvements, hardship to purchasers of lots in the subdivisions and to the general public and unjust enrichment of owners, subdividers and developers of subdivisions.
It is the intent of this section to provide clarity and definition to the established method of guaranteeing the proper completion of public improvements in subdivisions, to nullify the imposition of unmeritorious defenses and to eliminate the costs of enforcement of performance and maintenance bonds so as to protect purchasers of lots in subdivisions and the general public and to advance the intent of the Village Law that public improvements in subdivision be completed at the expense of the owner, subdividers or developer.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- DEFAULT
- A declaration by the Board of Trustees at any time subsequent to the expiration of the term of a performance or maintenance bond that the development of the subdivision has advanced to a stage where the public improvements shall be completed forthwith.
- FULL COST
- Full cost of completing public improvements shall include without limitation the cost of preparation and review of plats, reports, specifications and documents, the cost of enforcement of performance or maintenance bonds and/or the obligation of owners to complete the public improvements and the cost of municipal compliance with prevailing wage and bidding requirements.
- MAINTENANCE BOND
- A bond, collateral to the principal obligation of the owner, to secure or guarantee the village against defective materials and/or workmanship in connection with the public improvements in a subdivision for a period of time after completion of said improvements.
- OWNER
- The person or entity which undertakes to the subdivided land and whose responsibility it is to properly complete public improvements in subdivisions. The term "owner" shall include the terms "principal" and "subdivider" and "developer" and the term "coprincipal" as used in a performance or maintenance bond.
- PERFORMANCE BOND
- A bond, collateral to the principal obligation of the owner, to secure or guarantee the proper completion of public improvements in a subdivision, which bond remains in full force and effect until all public improvements are complete, the subdivision is abandoned without the sale of lots or the bond is released by resolution of the Board of Trustees with the concurrence of the Planning Board.
- PUBLIC IMPROVEMENTS
- Those improvements which are in the public street rights-of-way and/or easements or are to be used in common by residents of the subdivision or by the public, whether or not such improvements are offered for dedication. "Public improvements" shall include, without limitation, improvements referenced in Village Law § 7-730, improvements depicted or referenced on the plat, improvements required by law, code, ordinance, rule, or regulation and improvements agreed to by the owner.
- TERM
- The term of a performance or maintenance bond is the period during which the municipality may not declare a default.
Performance bonds required. Prior to the final approval of any subdivision plat, the owner shall either complete all public improvements or post a performance bond in an amount sufficient to cover the full cost of completing the public improvements which are not completed. No building permits shall be issued in a subdivision prior to final approval of the subdivision plat, except for models permitted pursuant to this chapter.
Maintenance bonds required. Prior to the acceptance of any public improvement, the owner shall post a maintenance bond for a term of one year in an amount sufficient to cover the cost of maintaining, repairing or replacing public improvements which are improperly installed, defective in design or otherwise unsuitable for the purposes intended.
Forms of bonds. All performance and maintenance bonds posted subsequent to the effective date of this section shall be in a standard form approved by the Board of Trustees. The Board of Trustees, with the advice of the Attorney, shall from time to time adopt by resolution standard form bonds of the following types:
Approval of bonds. No performance or maintenance bond nor any increase or reduction thereof shall be deemed approved until the following are entered into the minutes of the Board of Trustees:
Approval by the Planning Board of the bond amount or the increase or reduction of such amount.
Approval by the Attorney of the form, sufficiency and execution of the bond or the increase or reduction thereof.
Approval by the Board of Trustees of the security. The Board of Trustees may in particular cases require a particular form of bond.
Estimates of bond amounts. Estimates of performance and maintenance bond amounts shall be based upon the full cost of properly completing the public improvements. Allowance shall be made for the cost of compliance with bidding and public works laws and for the expense of enforcement of the bond. Underestimation of the bond amount shall not estop the Village of Washingtonville in an action against the owner on the obligation to complete the improvements.
Increase or reduction of bonds.
Whenever warranted by changed circumstances and upon approval of the Board of Trustees, the Planning Board may modify the requirements for public improvements or increase or reduce the amount of the performance or maintenance bond.
Whenever the amount of a performance or maintenance bond is increased and the owner fails within a reasonable time thereafter, as determined by the Board of Trustees, to post such increased amount, the Board of Trustees may declare a default, whether or not the term of any existing bond has expired.
No decrease or reduction in the amount or quality of public improvements in a subdivision shall be effective until an amendment to the plat is duly recorded in the County Clerk's office.
Completion of improvements.
The public improvements in a subdivision shall not be deemed complete unless the Zoning Enforcement Officer, Municipal Engineer or duly designated official certifies that all the public improvements are complete, nor shall any portion of such public improvements be deemed complete unless the Zoning Enforcement Officer, Municipal Engineer or duly designated official certifies that particularly specified improvements are complete. A certification by the Zoning Enforcement Officer, Municipal Engineer or duly designated official which is incorrect shall be void.
The Zoning Enforcement Officer, Municipal Engineer or duly designated official shall issue the certification required by Subsection I(1) above upon written demand by the owner or his authorized agent if in fact the public improvements are properly completed.
The public improvements in a subdivision shall not be deemed complete unless acceptance of the certification of such completion or partial completion as required by this section is made by resolution of the Board of Trustees, and said acceptance shall not be effective unless said resolution is recorded in the minutes of the Board of Trustees.
Enforcement and defenses.
The obligation of the owner to complete all the public improvements is not limited by the posting of a performance and maintenance bond, and such obligation may be enforced independently of the obligation on the performance and maintenance bond.
No defense against enforcement which alleges that the public improvements have been completed shall be effective against judgment or a motion for summary judgment unless the minutes of the Board of Trustees and Planning Board wherein the certification required above is entered are presented as proof of such defense.
Consistency with § 7-730 of the Village Law. This section is intended to be consistent with § 7-730 of the Village Law and is intended to clarify and more clearly define the provisions of such section so as to aid in the implementation of the intent of such section that public improvements in subdivisions be properly completed at the owner's expense. Any part of this section which may be determined to be inconsistent with § 7-730 Village Law shall supersede such section pursuant to Municipal Home Rule Law § 10.
Applicability. This section shall be applicable to all subdivisions hereafter approved and to all subdivisions which have been heretofore approved but in which public improvements have not been completed pursuant to the terms of this section, except that provisions of this section which are determined to be inconsistent with Village Law § 7-730 shall be applicable to subdivisions heretofore approved three years after the effective date of this section.
General duty. The duties of the Village of Washingtonville, its officers, agents and employees pursuant to this section are general duties of the Village of Washingtonville to protect the public health, safety and welfare. No person is authorized to create or imply a special relationship pursuant to this section.
Interpretations and severability.
This section shall be interpreted so as to most fully implement the intent that public improvements in a subdivision be properly completed at the owner's expense. If any provision, sentence, word or phrase of this section is judicially determined to be invalid, illegal or unconstitutional, such invalidity, illegality or unconstitutionality shall be confined to the particular part which is so determined and shall not affect the validity of the remainder of this section, which shall be interpreted so as to most fully implement the intent of this section.
No action or proceeding to challenge the consistency, validity, legality or constitutionality of any part of this section shall be commenced or prosecuted unless the Zoning Board of Appeals of the Village of Washingtonville has rendered an interpretation of such part of this section.
