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.
Conformity to Official Map and Comprehensive Plan. Subdivisions shall
conform to the streets and parks shown on the Official Map as may
be adopted and shall be properly related to the Comprehensive Plan
as it is developed and adopted by the Planning Board.
Subdivisions shall be so designed as to provide a street pattern
which shall be based upon a local residential or minor street pattern
connected to a residential collector street system.
The arrangement of streets in new subdivisions shall make provision
for the continuation of existing streets in adjoining areas, or their
proper protection where adjoining land is not subdivided, at the same
or greater width insofar as such may be deemed necessary for public
requirements.
When a subdivision abuts or contains an existing or proposed major
arterial street, the Planning 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 other treatment as may be necessary for adequate protection
of residential properties and to afford separation of through and
local traffic.
All right-of-way street widths and street pavements shall be measured
at right angles or radial to the center line of the street and shall
not be less than the following:
The grades of streets shall be in accordance with specifications
established by the Village Engineer and such grades as submitted on
subdivision plats shall be approved by him prior to final approval
be the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All proposed subdivisions shall be designed to provide access to
adjacent properties. When a proposed subdivision abuts an existing
subdivision, the subdivider shall make every attempt to design the
street system of the proposed subdivision to connect with dead-end
or "stub" streets of the existing subdivision.
Unless there is the expectation of extending the street through
to the adjoining property, a cul-de-sac street should never be brought
to the property boundary line, but should be placed so that the lots
can back on property line of the subdivision.
If a dead-end street is of a temporary nature, a similar turnaround
shall be provided and provisions made for future extension of the
street through to adjacent property and reversion of the excess right-of-way
to the adjoining properties.
New half or partial streets shall not be permitted, except that
wherever a proposed subdivision borders a half or partial street,
the Planning Board may require that the other part of the street be
platted in the proposed tract if it is found that such a requirement
would increase the effectiveness of the circulation system in the
area.
Local residential streets and residential collector streets
shall not intersect with arterial streets less than 800 feet apart,
measured from center line to center line.
No street shall have a name which will duplicate or so nearly
duplicate as to be confused with the names of existing streets. The
continuation of an existing street shall have the same name.
The minimum radius of horizontal curve, minimum length of vertical
curves, and minimum length of tangents between reverse curves shall
be in accordance with specifications established by the Village Engineer,
and said items shall be approved by him prior to final approval of
the subdivision plat by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 street shall not
be less than 400 feet on major streets, 200 feet on collector streets
and 100 feet on minor streets.
When 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 and on each side of 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.
The lot size, width, depth, shape, orientation, and the minimum building
setback lines shall be appropriate for the location of the subdivision
and for the type of development and use contemplated.
All lots shown on the subdivision plat must conform to the minimum requirements of Chapter 330, Zoning, as to area and dimensions for the zone in which the subdivision is located. However, in the event of utilizing Section 179p of the Town Law, the Planning Board may use its discretion in determining lot sizes.
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.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions, or similar circumstances, the Planning Board may, after
adequate investigation, require modification of such lots.
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 330, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
Blocks intended for commercial or industrial use shall be designed
specifically for such purposes with adequate space set aside for off-street
parking and delivery facilities.
The lot arrangement shall be such that in constructing a building in compliance with Chapter 330, Zoning, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
Driveway access and grades shall conform to specifications as
established by the Village Engineer and on file in the Municipal Clerk's
office. Driveway grades between the pavement and setback line shall
not exceed 10%.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 requirements
contained in these regulations.
Easements. An easement shall be provided for all natural drainageways
and all utility lines when such utility line or lines do not fall
within a dedicated right-of-way. All easements shall be plotted on
the preliminary plat and subdivision plat. A clause shall be inserted
in the deed of each lot affected by an easement indicating that the
easement exists and its purpose. Except as further required in this
section, easements shall have a minimum width of 10 feet. Where a
subdivision is traversed by a drainageway, channel, or stream, a drainageway
easement conforming substantially with the lines of such watercourse
shall be provided. The easement shall be 20 feet wide or such width
as will be adequate to preserve natural drainage and provide sufficient
width for maintenance. Where it is found that additional easement
width is needed, such width shall be determined by the Planning Board
in consultation with the Village Engineer. To the fullest extent possible,
easements shall be centered on or adjacent to rear or side lot lines.
All utility lines which are primarily intended to provide service
to the lots within the subdivision shall be installed underground
at a depth and at such locations as will minimize risk of interruption
of services. A five-foot easement running parallel with and contiguous
to all street and highway rights-of-way shall be provided to the Village
granting the Village the right to protect, plant, prune, spray, remove,
control, regulate and improve shrubbery and shade trees thereon.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The developer shall provide a liberal and functional landscaping
scheme for the entire subdivision. Each lot shall be provided with
a minimum of two trees which shall be in addition to the street shade
trees. This requirement may be waived by the Planning Board in wooded
areas where the subdivider intends to maintain existing trees.
When a proposed subdivision borders upon an existing commercial or
industrial establishment, or any other use which, in the opinion of
the Planning Board, may be visually detrimental to the tranquility
of the future residents of the subdivision, the Planning Board may
require a landscape screen to buffer the subdivision from the visually
noncompatible use.
Topsoil moved during the course of construction shall be redistributed
so as to cover all areas of the subdivision and shall be stabilized
by seeding or planting. At no time shall topsoil be removed from the
site without written permission from the Planning Board. There shall
be a minimum of six inches of topsoil redistributed over all leach
beds or fields.
To the fullest extent possible, all existing trees and shrubbery
shall be conserved by the subdivider. Special consideration shall
be given to the arrangement and ultimate improvement or development
of the lots to this end. Precautions shall also be taken to protect
existing trees and shrubbery during the process of grading the lots
and roads. Where there is a question as to the desirability of removing
a group of trees, which serve to add interest and variety to the proposed
subdivision, in order to allow for use of the land for a lot or lots,
the Planning Board may, after proper investigation, require modification
of such lots. Where any land other than that included in public rights-of-way
is to be dedicated to the public use, the developer shall not remove
any trees from the site without written permission from the Planning
Board.
Where a subdivision is traversed by a natural lake, pond, or stream,
the boundaries or alignment of said watercourse shall be preserved
unless, in the opinion of the Planning Board, a change or realignment
will enhance the development and beauty of the subdivision or the
utilization of such features by the future residents of the subdivision.
All proposed changes in watercourse alignment shall be in accordance
with the revised New York State Stream Conservation Law.
Unique physical features such as historic landmarks and sites, rock
outcroppings, hilltop lookouts, desirable natural contours, and similar
features shall be preserved if possible.
The subdivider shall not be permitted to leave any hills or mounds
of dirt around the tract. All surfaces shall be restored within six
months of the time of the completion of the section of the subdivision.
Mapping. If any portion of the land within the subdivision is subject
to inundation or flood hazard by stormwater, such fact and portion
shall be clearly indicated on the preliminary plat and the prominent
note on each sheet of such map whereon any such portion shall be shown.
Use. Land subject to flooding, and land deemed by the Planning Board
to be otherwise uninhabitable, shall not be platted for residential
occupancy nor for such other uses as may increase danger to health,
life, or property or aggravate the flood hazard.
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. Such drainage facilities
shall be located in the street right-of-way where feasible, or in
peripheral unobstructed easements of appropriate width.
A culvert 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 the subdivision. The Village Engineer shall approve the design and size of facility based on anticipated runoff from a "ten-year" storm under conditions of total potential development permitted by Chapter 330, Zoning, in the watershed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The subdivider's engineer shall also study the effect of each
subdivision on the existing downstream drainage facilities outside
the area of the subdivision; this study shall be reviewed by the Village
Engineer. Where it is anticipated that the additional run-off incident
to the development of the subdivision will overload an existing downstream
drainage facility during a five-year storm, the Planning Board shall
notify the Village Board of Trustees of such potential condition.
In such case, the Planning Board shall not approve the subdivision
until provision has been made for the improvement of said condition.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Land shall be reserved for park, playground, open space, or other
recreational purposes in locations designated on the Comprehensive
Plan or elsewhere where the Planning Board deems that such reservations
would be appropriate. For a major subdivision, each reservation shall
be of an area equal to 5% of the total land within the subdivision,
but in no case shall a reservation be less than one acre. The area
to be preserved shall possess the suitable topography, general character,
and adequate road access necessary for its recreational purposes.
Where a major subdivision is too small to establish an adequate recreation
area site; where the land in a subdivision is unsuitable in character;
or where the Village Comprehensive Plan or good planning judgment
would not locate a recreation area, or in the case of a minor subdivision,
the applicant will be required to provide a cash equivalent of $50
per lot, deposited with the Village Clerk-Treasurer for the account
of the Town Park, Playground, and Open Space Trust Fund to be used
for acquisition of such areas in suitable locations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Where the Planning Board requires land to be set aside for parks,
playgrounds, or other recreational purposes, the Board shall require
that the site be graded, loamed, and seeded and may require it to
be fenced.
When area for park, playground, recreational purposes or open space
shall have been required on the subdivision plat, the approval of
said subdivision plat shall not constitute an acceptance by the Village
of such an area.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]