Village of Oakfield, NY
Genesee County
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[HISTORY: Adopted by the Board of Trustees of the Village of Oakfield 10-26-1992. Amendments noted where applicable.]
By the authority of the resolution of the Village Board of the Village of Oakfield, adopted on June 22, 1992, pursuant to the provisions of §§ 7-728, 7-730, 7-732 and 7-738 of the Village Law of the State of New York, the Planning Board of the Village of Oakfield 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 Genesee County Clerk and to conditionally approve preliminary plats within the limits of the incorporated Village of Oakfield. It is declared to be the policy of the Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient and economical development of the Village. 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; that proper provision shall be made for drainage, water supply, sewerage and other needed improvements; that 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; that the proposed streets shall compose a convenient system conforming to the Official Map, if such exists, and shall be properly related to the proposals shown on the Master Plan, if such exists, and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access of firefighting equipment to buildings; and that proper provision shall be made for open spaces for parks and playgrounds. In order that land subdivisions may be made in accordance with this policy, this chapter, which shall be known as, and which may be cited as, the "Village of Oakfield Land Subdivision Regulations," have been adopted by the Planning Board on September 28, 1992, and approved by the Village Board on October 26, 1992.
For the purpose of this chapter, certain words and terms used herein are defined as follows:
COLLECTOR STREET
A street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.
DEAD-END STREET (or CUL-DE-SAC)
A street or a portion of a street with only one vehicular traffic outlet.
EASEMENT
Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his/her property.
ENGINEER or LICENSED PROFESSIONAL ENGINEER
A person licensed as a professional engineer by the State of New York.
MAJOR STREET
A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision, including, but not limited to, subdivisions of five or more lots, or any size subdivision requiring any new street or extension of municipal facilities.
MASTER PLAN or COMPREHENSIVE PLAN
A Comprehensive Plan, prepared by the Planning Board pursuant to § 7-722 of the Village Law, which indicates the general locations recommended for various functional classes of public works, places and structures and for general physical development of the Village and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein.
MINOR STREET
A street intended to serve primarily as an access to abutting properties.
MINOR SUBDIVISION
Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, if such exist, Chapter 295, Zoning, of this Code, or this chapter.
MUNICIPAL FACILITY
Facilities operated by a municipality, government agency, or a public utility for the provision of potable water and/or the collection, treatment and disposal of wastewater.
OFFICIAL MAP
The map established by the Village Board, pursuant to § 7-724 of the Village Law, showing streets, highways, parks and drainage, both existing and proposed.
PLANNING BOARD
The Planning Board of the Village of Oakfield.
PRELIMINARY PLAT
A drawing or drawings clearly marked "preliminary plat" showing the salient features of a proposed subdivision, as specified in § 236-5C of this chapter, submitted to the Planning Board for consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
SECRETARY OF THE PLANNING BOARD
The Village Clerk-Treasurer shall serve as the Secretary of the Planning Board for all filings required by this chapter.
SKETCH PLAN
A sketch of a proposed subdivision showing the information specified in § 236-5A of this chapter to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of this chapter.
STREET
Includes streets, roads, avenues, lanes, or other trafficways between right-of-way lines.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular traffic.
STREET WIDTH
The width of right-of-way, measured at right angles to the center line of the street.
SUBDIVIDER
Any person, firm, corporation, partnership or association who shall lay out any subdivision or part thereof as defined herein, either for himself/herself or others.
SUBDIVISION
The division of any parcel of land into two or more lots, blocks, or sites, with or without streets or highways, and includes resubdivision.
SUBDIVISION PLAT
A drawing, in final form, showing a proposed subdivision, containing all information or detail required by this chapter and any other applicable state and local law, ordinance, rule, regulation or resolution, 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 Genesee County Clerk.
SURVEYOR
A person licensed as a land surveyor by the State of New York.
VILLAGE ENGINEER
The duly designated Engineer of the Village of Oakfield.
ZONING LAW
The officially adopted Zoning Law of the Village of Oakfield with all amendments thereto.[1]
[1]
Editor's Note: See Ch. 295, Zoning.
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/her duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the following procedures.
A. 
Sketch plan.
(1) 
Submission of sketch plan. 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 12 copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 236-5A for the purposes of classification and preliminary discussion.
(2) 
Discussion of requirements and classification.
(a) 
The subdivider, or his/her duly authorized representative, shall attend the meeting of the Planning Board to discuss the requirements of this chapter for street improvements, drainage, sewerage, water supply, fire protection, and similar aspects, as well as the availability of existing services and other pertinent information.
(b) 
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in this chapter. The Planning Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 236-3B of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in § 236-3C, D and E.
(3) 
Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of this chapter and shall, where it deems it necessary, make specific recommendations, in writing, to be incorporated by the applicant in the next submission to the Planning Board.
B. 
Approval of minor subdivision.
(1) 
Application and fee.
(a) 
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations by the Planning Board. Said application shall also conform to the requirements listed in § 236-5B.
(b) 
All applications for plat approval for minor subdivisions shall be accompanied by a fee as specified in a fee schedule established by separate resolution of the Village Board.
(2) 
Number of copies. Twelve copies of the subdivision plat for a minor subdivision shall be presented to the Secretary of the Planning Board at least 10 days prior to a scheduled monthly meeting of the Planning Board, plus a reproducible original of the plat plan.
(3) 
Subdivider to attend Planning Board meeting. The subdivider, or his/her duly authorized representative, shall attend the meeting of the Planning Board to discuss the subdivision plat for a minor subdivision.
(4) 
When officially submitted. The time of submission of the subdivision plat for a minor subdivision shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by § 236-5B of this chapter, has been filed with the Secretary of the Planning Board. Compliance with the State Environmental Quality Review Act (SEQRA)[1] may affect this submission date as it relates to a complete application.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(5) 
Public hearing. A public hearing shall be held by the Planning Board within 30 days from the time of submission of the subdivision plat for a minor subdivision for approval. Said hearing shall be advertised in a newspaper of general circulation in the Village and a notice posted in at least three prominent places at least five days before such hearing.
(6) 
Action on subdivision plat for a minor subdivision. The Planning Board shall, within 62 days from the date of submission of the subdivision plat for a minor subdivision, approve, modify and approve, or disapprove the subdivision plat; otherwise, such plat or proposal shall be deemed to have been approved.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Preliminary plat for major subdivision.
(1) 
Application and fee.
(a) 
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision in the form described in § 236-5C hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 7-728, 7-730, 7-732 and 7-738 of the Village Law, and § 236-5C of this chapter, except where a waiver may be specifically authorized by the Planning Board. The scale of the plat shall be 50 feet or 100 feet to one inch.
(b) 
The application for conditional approval of the preliminary plat shall be accompanied by a fee as specified in a fee schedule established by separate resolution of the Village Board.
(2) 
Number of copies. Twelve copies of the preliminary plat shall be presented to the Secretary of the Planning Board at least 10 days prior to the regular monthly meeting of the Planning Board.
(3) 
Subdivider to attend Planning Board meeting. The subdivider, or his/her duly authorized representative, shall attend the meeting of the Planning Board to discuss the preliminary plat.
(4) 
Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Master Plan, the Official Map, if such exist, and Chapter 295, Zoning, of this Code.
(5) 
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 236-5C of this chapter, has been filed with the Secretary of the Planning Board. Compliance with the State Environmental Quality Review Act (SEQRA)[2] may affect this "submission" date as it relates to a "complete" application.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(6) 
Conditional approval of the preliminary plat.
(a) 
Within 62 days after the time of submission of a preliminary plat, the Planning Board shall take action to conditionally approve, with or without modifications, or disapprove such preliminary plat, and the grounds for any modification required or the grounds for disapproval shall be stated upon the records of the Planning Board. Failure of the Planning Board to act within such sixty-two-day period shall constitute a conditional approval of the preliminary plat.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b) 
When granting conditional approval to a preliminary plat, the Planning Board shall state the conditions of such approval, if any, with respect to 1) the specific changes which it will require in the preliminary plat; 2) the character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, morals, and general welfare; 3) the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat. The action of the Planning Board plus any conditions attached thereto shall be noted on three copies of the preliminary plat. One copy shall be returned to the subdivider, one retained by the Planning Board, and one forwarded to the Village Board. Conditional approval of a preliminary plat shall not constitute to approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of this chapter and the conditions of the conditional approval, if any. Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.
D. 
Plat for major subdivision.
(1) 
Application for approval and fee. The subdivider shall, within six months after the conditional approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form using the approved application. All applications for plat approval for major subdivisions shall be accompanied by a fee as specified in a fee schedule established by separate resolution of the Village Board. If the final plat is not submitted within six months after the conditional approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
(2) 
Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Secretary of the Board with a copy of the application and 12 copies (one copy in ink) of the plat, the original and three true copies of all offers of cession, covenants, and agreements, and two prints of all construction drawings at least 10 days in advance of the regular monthly Planning Board meeting at which it is to be officially submitted.
(3) 
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § 236-5D of this chapter, has been filed with the Secretary of the Planning Board. In addition, if the applicant elects to construct any or all required improvements [as specified in § 236-3E(1)], the Village Engineer must file a certificate with the Planning Board stating that these improvements have been satisfactorily installed before the subdivision plat shall be considered officially submitted. Compliance with the State Environmental Quality Review Act (SEQRA) may affect this submission date as it relates to a complete application.[3]
[3]
Editor's Note: See 6 NYCRR Part 617.
(4) 
Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the appropriate agency. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary town, county and state agencies. Endorsement and approval by the Genesee County Department of Health shall be secured by the subdivider before official submission of the subdivision plat.
(5) 
Public hearing. A public hearing shall be held by the Planning Board within 30 days after the time of submission of the subdivision plat. Said hearing shall be advertised in a newspaper of general circulation in the Village and a notice posted in at least three prominent places at least five days before such hearing.
(6) 
Action on proposed subdivision plat. The Planning Board shall, within 62 days from the date of the public hearing on the subdivision plat, approve, modify and approve, or disapprove the subdivision plat. However, the subdivision plat shall not be signed by the authorized officers of the Planning Board for recording until the subdivider has complied with the provisions of Subsection E of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Required improvements.
(1) 
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection E(1)(a) or (b) below:
(a) 
The subdivider shall complete all required improvements to the satisfaction of the Village Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Planning Board and this chapter.
(b) 
In an amount set by the Planning Board, the subdivider shall file with the Village Clerk-Treasurer a certified check, performance bond, irrevocable letter of credit or other financial instrument acceptable to the Village Board to cover the full cost of the required improvements not completed at such time. Any such financial instrument shall comply with the requirements of § 7-730 of the Village Law and, further, shall be satisfactory to the Village Board and Village Attorney as to the type of security, form, sufficiency, manner of execution and surety. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.
(2) 
Modification of design improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Village Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Village Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Village Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at the next regular meeting.
(3) 
Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall pay to the Village Clerk-Treasurer the inspection fee required by the Village Board and shall notify the Village Board, in writing, of the time when he/she proposes to commence construction of such improvements so that the Village Board may cause inspection to be made to assure that all Village specifications and requirements shall be met during the construction of the required improvements, and to assure the satisfactory completion of improvements and utilities required by the Planning Board.
(4) 
Proper installation of improvements. If the Village Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he/she shall so report to the Village Board, Code Enforcement Officer, and Planning Board. The Village Board then shall notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the Village's rights under the bond. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5) 
Default under previous subdivision plat. No pending subdivision plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved subdivision plat.
F. 
Filing of approved subdivision plat.
(1) 
Final approval and filing. Upon completion of the requirements in Subsections D and E above, and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairperson or Acting Chairperson) and may be filed by the applicant in the Office of the Genesee County Clerk. Any subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved or considered approved, by reason of the failure of the Planning Board to act, shall become null and void unless the particular circumstances of said applicant warrant the Planning Board to grant an extension, which shall not exceed two additional periods of 90 days.
(2) 
Plat void if revised after approval. No change, erasure, modification, or revision shall be made in any subdivision plat after approval by the Planning Board, endorsed in writing on the plat, unless the plat is resubmitted to the Planning Board and such Board approves any modification. In the event that any subdivision plat is recorded without complying with this requirement, the same shall be null and void and the Planning Board shall institute proceedings to have such a plat stricken from the records of the Genesee County Clerk.
G. 
Public streets; recreation areas.
(1) 
Public acceptance of streets. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Village of any street, easement, or other open space shown on such subdivision plat.
(2) 
Ownership and maintenance of recreation areas. When a park, playground, or other recreation area shall have been shown on a plat, the approval of the plat shall not constitute an acceptance by the Village of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Village Board covering future deed and title, dedication, and provision for the cost of grading, development, equipment, and maintenance of any such recreation area.
H. 
Application of § 7-738 of Village law. Whereas, pursuant to resolution of the Village Board adopted June 22, 1992, the Planning Board is empowered to modify applicable provisions of Chapter 295, Zoning, of this Code in accordance with § 7-738 of Village Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate provisions of streets and utilities, and to preserve the natural and scenic qualities of open lands, the procedures and standards to be applied in such instances are as follows.
(1) 
Request by subdivider. A subdivider may request the use of § 7-738 simultaneously with or subsequent to presentation of the sketch plan as provided in § 236-3A. However, any submission subsequent to preliminary plat approval shall require a reapplication for sketch plan review.
(2) 
Sketch plan. A subdivider shall present, along with a § 7-738 proposal, a standard sketch plan consistent with the criteria established by these subdivision regulations in § 236-5A.
(3) 
Park, recreation, open space or other municipal purposes. If the application of this procedure results in a subdivision plan showing land available for park, recreation, open space, or other municipal purposes, directly related to the sketch plan, then conditions as to ownership, use and maintenance of such lands necessary to assure the preservation of such lands for their intended purposes shall be made by the Planning Board.
(4) 
Preliminary and subdivision plat submission. Upon determination that such sketch plan is suitable for the procedures under § 7-738, a preliminary plat meeting the requirements of § 236-3C and the Village Board enabling resolution shall be presented to the Planning Board and, thereafter, the Planning Board shall proceed in accordance with these subdivision regulations.
(5) 
Filing; notation on Zoning Map. On the filing of a subdivision plat at the Genesee County Clerk's Office where § 7-738 has been used, the subdivider shall file a copy with the Village Clerk-Treasurer, who shall make appropriate notations and reference thereto on the Village Zoning Map, and notify the Zoning Enforcement Officer when such a subdivision plat is filed.
In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements and shall be waived by the Planning Board only under circumstances set forth in § 236-6 herein.
A. 
General.
(1) 
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.
(2) 
Conformity to Official Map and Master Plan. Subdivisions shall conform to the Official Map of the Village and shall be in harmony with the Master Plan, if such exist.
(3) 
Specifications for required improvements. All required improvements shall be constructed or installed to conform to the Village specifications, which may be obtained from the Village Engineer.
B. 
Street layout.
(1) 
Width, location and construction. Streets shall be of sufficient width, suitably located, and adequately constructed to conform to the Master Plan, if such exists, and to accommodate the prospective traffic and afford access for firefighting, 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.
(2) 
Arrangement. The arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivisions, and for proper projection of principal streets 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 later required, 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.
(3) 
Minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged.
(4) 
Special treatment along major arterial streets. 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.
(5) 
Provision for future resubdivision. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which the subdivision is located, the Planning Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in this chapter.
(6) 
Dead-end streets. The creation of dead-end or loop residential streets will be encouraged wherever the Planning Board finds that such type of development will not interfere with normal traffic circulation in the area. In the case of dead-end streets, where needed or desirable, the Planning Board may require the reservation of a twenty-foot-wide easement to provide for continuation of pedestrian traffic and utilities to the next street. 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.
(7) 
Block size. Blocks generally shall not be less than 400 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 foot path be included.
(8) 
Intersections with collector or major arterial streets. Minor or secondary street openings into such roads shall, in general, be at least 500 feet apart.
(9) 
Street jogs. Street jogs with center line offsets of less than 125 feet shall be avoided.
(10) 
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.
(11) 
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 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.
(12) 
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 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; 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.
C. 
Street design.
(1) 
Widths of rights-of-way. Streets shall have the following widths (when not indicated on the Master Plan or Official Map, if such exist, the classification of streets shall be determined by the Planning Board):
Street Type
Minimum Right-of-Way
(feet)
Minimum Pavement
(feet)
Major arterial streets
66
35
Collector streets
50
30
Local streets
50
30
(2) 
Improvements. Streets shall be graded and improved with pavements, rolled gutters, sidewalks, storm drainage facilities, water mains, sewers, streetlights and signs, street trees, and fire hydrants, except where waivers may be requested, and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety and general welfare. Pedestrian easements shall be improved as required by the Village Engineer. Such grading and improvements shall be approved as to design and specifications by the Village Engineer. In areas of new development, the Planning Board may require the placement of trees on individual lots rather than provision of street trees.
(a) 
Fire hydrants. Installation of fire hydrants and guard valves shall be in conformity with all requirements of standard thread and nut as specified by the Village Engineer and Village Superintendent of Public Works.
(b) 
Streetlighting facilities. Lighting facilities shall be in conformance with the lighting system of the Village. Such lighting standards and fixtures shall be installed after approval by the appropriate power company and the authorized Village Electrical Inspector.
(3) 
Utilities in streets. In areas of new development, the Planning Board shall require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved. When a previously developed area is further subdivided, the Planning Board may require placement of utilities in conformance with the surrounding area.
(4) 
Utility easements. Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements at least 20 feet in width shall be otherwise provided with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required. Utility easements shall also be provided when required to eliminate dead-end water or sewer lines.
(5) 
Grades. Grades of all streets shall conform in general to the terrain, and shall not be less than 1/2% or more than 6% for major or collector streets, or 10% for minor streets in residential zones, but in no case more than 3% within 50 feet of any intersection.
(6) 
Changes in grade. All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Village Engineer so that clear visibility shall be provided for a safe distance.
(7) 
Curve radii at street intersections. All street right-of-way lines at intersections shall be rounded curves of at least thirty-foot radius and rolled gutters shall be adjusted accordingly.
(8) 
Steep grades and curves; visibility at intersections. A combination of steep grades and curves shall be avoided. 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 determined by the Planning Board shall be cleared of all growth (except isolated trees) and obstructions above the level of three feet higher than the center line of the street. If directed, ground shall be excavated to achieve visibility.
(9) 
Dead-end streets (culs-de-sac). Where dead-end 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 right-of-way radius of 80 feet and pavement radius of 60 feet. At the end of temporary dead-end streets, a temporary turnaround with a pavement radius of 60 feet shall be provided, unless the Planning Board approves an alternate arrangement.
(10) 
Watercourses.
(a) 
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.
(b) 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Village Engineer, and in no case less than 20 feet in width.
(11) 
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 be not less than 400 feet on major streets, 300 feet on collector streets and 200 feet on minor streets.
(12) 
Service streets or loading space in commercial development. Paved rear service streets of not less than 20 feet in width, or, in lieu thereof, adequate off-street loading space, suitably surfaced, shall be provided in connection with lots designed for commercial use.
(13) 
Free flow of vehicular traffic abutting commercial developments. In front of areas zoned and designed for commercial use, or where a change of zoning to a zone which permits commercial use is contemplated, the street widths shall be increased by such amount on each side as may be deemed necessary by the Planning Board to assure the free flow of through traffic without interference by parked or parking vehicles, and to provide adequate and safe parking space for such commercial or business district.
D. 
Street names.
(1) 
Type of name. All street names shown on a preliminary plat or subdivision plat shall be approved by the Planning Board. In general, streets shall have names and not numbers or letters.
(2) 
Names to be substantially different. 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 of 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. In considering street names, the Planning Board shall consult with the Genesee County Emergency Dispatch Center, state and county law enforcement agencies.
E. 
Lots.
(1) 
Lots to be buildable. The lot arrangement shall be such that, in constructing a building in compliance with Chapter 295, Zoning, of this Code, 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.
(2) 
Sidelines. All sidelines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street or lot plan.
(3) 
Corner lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and to provide a desirable building site.
(4) 
Driveway access. Driveway access and grades shall conform to specifications of the Village driveway ordinance, if one exists. Driveway grades between the street and the setback line shall not exceed 10%.
(5) 
Access from private streets. Access from private streets shall be deemed acceptable only if such streets are designed and improved in accordance with this chapter.
(6) 
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. A letter from a New York State licensed land surveyor shall be provided by the subdivider to the Village Engineer certifying that all monuments are installed as shown on the approved subdivision plat.
F. 
Water supply and sanitary sewer. All water supply and sanitary sewer improvements shall be designed and installed in accordance with specifications set forth by the Village of Oakfield Public Works Department and the Genesee County Health Department. Isolation valves shall be provided at each street intersection and at such additional locations as may be required by the Village Superintendent of Public Works. Dead-end lines shall not be allowed unless specifically approved by the Village Superintendent of Public Works.
G. 
Stormwater drainage, erosion and sediment control measures. The Planning Board shall refer all subdivision proposals to either the Genesee County Soil and Water Conservation District (SWCD) and/or Village Engineer for their review of acceptability of proposed drainage, erosion and sediment control measures, both during construction phases and after completion. Such review shall be based upon the U.S. Soil Conservation Service (SCS) TR-55 system or an acceptable equivalent. All easements deemed necessary to maintain either natural or man-made stormwater drainage, erosion and/or sediment control measures shall be provided and plotted according on the subdivision plat.
(1) 
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, or for such other uses 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.
H. 
Parks, open spaces, and natural features.
(1) 
Recreation areas shown on Village plan. Where a proposed park, playground or open space shown on the Village Plan is located in whole or in part in a subdivision, the Village shall require that such areas be shown on the plat in accordance with the requirements specified in Subsection H(2) below. Such area or areas may be dedicated to the Village, town or county by the subdivider if the Village Board approves such dedication.
(2) 
Parks and playgrounds not shown on Village plan.
(a) 
The Planning Board shall require that the plat show sites of a character, extent, and location suitable for the development of a park, playground, or other recreation purpose. The Planning Board may require that the developer satisfactorily grade any such areas shown on the plat.
(b) 
The Planning Board shall require that not less than three acres of recreation space be provided per 100 dwelling units shown on the plat. However, in no case shall the amount be more than 10% of the total area of the subdivision. Such area or areas may be dedicated to the Village, town or county by the subdivider if the Village Board and the respective unit of government approves such dedication.
(3) 
Information to be submitted. In the event that an area to be used for a park or playground is required to be so shown, the subdivider shall submit, prior to final approval, to the Planning Board, three prints (one on cloth), drawn in ink, showing, at a scale of not less than 30 feet to the inch, such area and the following features thereof:
(a) 
The boundaries of the said area, giving lengths and bearings of all straight lines; radii, lengths, central angles and tangent distances of all curves.
(b) 
Existing features such as brooks, ponds, clusters of trees, rock outcrops, and structures.
(c) 
Existing and, if applicable, proposed changes in grade and contours of the said area and of area immediately adjacent.
(4) 
Waiver of plat designation of area for parks and playgrounds.
(a) 
In cases where the Planning Board finds that, due to the size, topography, or location of the subdivision, land for park, playground or other recreation purpose cannot be properly located therein, or if, in the opinion of the Board, it is not desirable, the Planning Board may waive the requirement that the plat show land for such purposes. The Planning Board shall then require as a condition to approval of the plat a payment to the Village of a fee as specified in a fee schedule established by separate resolution of the Village Board per gross acre of land which otherwise would have been acceptable as a recreation site. The amount of land which otherwise would have been acceptable as a recreation site shall be determined in accordance with the standards set forth in § 236-4H(2).
(b) 
Such amount shall be paid to the Village Board at the time of final plat approval, and no plat shall be signed by the authorized officer of the Planning Board until such payment is made. All such payments shall be held by the Village Board in a special Village Recreation Site Acquisition and Improvement Fund to be used for the acquisition of land that 1) is suitable for permanent park, playground or other recreational purposes; and 2) is so located that it will serve, primarily, the general neighborhood in which the land covered by the plat lies; and 3) shall be used only for park, playground or other recreational land acquisition or improvements. Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the plat is situated, providing the Planning Board finds there is a need for such improvements.
(5) 
Reserve strips prohibited. Reserve strips of land, which might be used to control access from the proposed subdivision to any neighboring property, or to any land within the subdivision itself, shall be prohibited.
(6) 
Preservation of natural features. The Planning Board shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses and falls, beaches, historic spots, vistas and similar irreplaceable assets. No tree with a diameter of eight inches or more, as measured three feet above the base of the trunk, shall be removed unless such tree is within the right-of-way of a street as shown on the final subdivision plat. Removal of additional trees shall be subject to the approval of the Planning Board. In no case, however, shall a tree with a diameter of eight inches or more, as measured three feet above the base of the trunk, be removed without prior approval by the Planning Board. The plat plan should show all trees, and control removal of trees and soil.
A. 
Sketch plan. The sketch plan initially 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 sketch plan shall be submitted showing the following information:
(1) 
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.
(2) 
All existing structures, wooded areas, streams and other significant physical features within the portion to be subdivided and within 200 feet thereof. If topographical conditions are significant, contours shall also be indicated at intervals of not more than 10 feet.
(3) 
The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records.
(4) 
The Tax Map sheet, block and lot numbers, if available.
(5) 
All the utilities available, and all streets which are either proposed, mapped or built.
(6) 
The proposed pattern of lots (including lot width and depth), street layout, recreation areas, systems of drainage, sewerage, and water supply [see § 236-5B(3)] within the subdivided area.
(7) 
All existing restrictions on the use of land, including easements, covenants, or zoning lines.
B. 
Minor subdivision plat. In the case of minor subdivision only, the subdivision plat application shall include the following information:
(1) 
A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.
(2) 
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of tract shall also be located on the ground and marked by monuments as approved by the Village Engineer, and shall be referenced and shown on the plat.
(3) 
All on-site sanitation and water supply facilities shall be designed to meet the minimum specification of the Village of Oakfield Public Works Department and the Genesee County Department of Health, and a note to this effect shall be stated on the plat and signed by a New York State licensed engineer.
(4) 
Proposed subdivision name, name of the village, town and county in which it is located.
(5) 
The date, true North point, map scale, name and address-of-record of owner and subdivider.
(6) 
The plat to be filed with the County Clerk shall be printed upon Mylar or other base material acceptable to the Planning Board and County Clerk. The size of the sheet shall be 15 inches by 22 inches, or 30 inches by 44 inches, including a margin for binding of two inches, outside of the border, along the left side, and a margin of one inch, outside of the border, along the remaining sides. The plat shall be drawn to a scale of no more than 100 feet to the inch and oriented with the true North point at the top of the map. When more than one sheet is required, an additional index sheet of the same size shall be filed showing to scale the entire subdivision with lot and block numbers clearly legible.
C. 
Major subdivision preliminary plat. In the case of major subdivision, the preliminary plat application and accompanying data shall include the following information for conditional approval:
(1) 
Twelve copies of the preliminary plat, prepared to a scale of not more than 100 but preferably not less than 50 feet to the inch, showing:
(a) 
Proposed subdivision name, name of village and county in which it is located, date, true North point, scale, name and address-of-record of owner, subdivider and engineer or surveyor, including license number and seal.
(b) 
The name of all subdivisions immediately adjacent and the names of the owners of record of all adjacent property.
(c) 
Zoning district, including exact boundary lines of district if more than one district, and any proposed change in the zoning district lines and/or the zoning ordinance text applicable to the area to be subdivided.
(d) 
All parcels of land proposed to be dedicated to public use and the conditions of such dedication.
(e) 
Location of existing property lines, easements, buildings, watercourses, marshes, rock outcrops, wooded areas, single trees with a diameter of eight inches or more, as measured three feet above the base of the trunk, and other significant existing features for the proposed subdivision and adjacent property.
(f) 
Location of existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
(g) 
Contours with intervals of five feet or less as required by the Planning Board, including elevations on existing roads. Approximate grading plan, if natural contours are to be changed by more than two feet.
(h) 
The width and location of all streets or public ways or places shown on the Official Map or the Master Plan, if such exist, within the area to be subdivided, and the width, location, grades and street profiles of all streets or public ways proposed by the subdivider.
(i) 
The approximate location and size of all proposed water lines, valves, hydrants and sewer lines, and fire alarm boxes. Connection to existing lines or alternate means of water supply or wastewater treatment as provided in the Public Health Law. Profiles of all proposed water supply and wastewater treatment lines.
(j) 
Stormwater drainage, erosion and sediment control plan indicating the approximate location and size of proposed lines, their profiles and other improvements and/or actions. Connection to existing lines or alternate means handling this water/material.
(k) 
Plans and cross sections showing the proposed location and type of sidewalks, streetlighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, and the size and type thereof, the character, width and depth of pavements and subbase, the location of manholes, basins and underground conduits.
(l) 
Preliminary designs of any bridge or culvert which may be required.
(m) 
The proposed lot lines with approximate dimensions and area of each lot.
(n) 
Where the topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over or under private property, which permanent easements shall not be less than 20 feet in width and which shall provide satisfactory access to an existing public highway or other public highway or public open space shown on the subdivision or the Official Map.
(o) 
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract also shall be located on the ground and marked by substantial monuments of such size and type as approved by the Village Engineer, and shall be referenced and shown on the plat.
(2) 
If the application covers only a part of the subdivider's entire holding, a map of the entire tract, drawn to a scale of not less than 400 feet to the inch, showing an outline of the platted area with its proposed streets and indication of the probable future street system with its grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire tract, shall be submitted. The part of the subdivider's entire holding submitted shall be considered in the light of the entire holding.
(3) 
A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.
D. 
Major subdivision plat and accompanying data. The following documents shall be submitted for plat approval:
(1) 
The plat to be filed with the County Clerk shall be printed upon Mylar or other base material acceptable to the Planning Board and County Clerk. The size of the sheets shall be 15 inches by 22 inches or 30 inches by 44 inches, including a margin for binding of two inches, outside of the border, along the left side, and a margin of one inch, outside of the border, along the remaining sides. The plat shall be drawn to a scale of no more than 100 feet to the inch and oriented with the true North point at the top of the map. When more than one sheet is required, an additional index sheet of the same size shall be filed showing to scale the entire subdivision with lot and block numbers clearly legible.
(2) 
The plat shall show:
(a) 
Proposed subdivision name or identifying title and the name of the village, town and county in which the subdivision is located, the name and address-of-record of owner and subdivider, and name, license number and seal of the licensed land surveyor.
(b) 
Street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use.
(c) 
Sufficient data, acceptable to the Village Engineer, to determine readily the location, bearing and length of every street line, lot line, and boundary line, and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the state system of plane coordinates, and, in any event, should be tied to reference points previously established by a public authority.
(d) 
The length and bearing of all straight lines, radii, length of curves and central angles of all curves, and tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The plat shall show boundaries of the property, location, graphic scale and true North point.
(e) 
The plat shall also show, by proper designation thereon, all public open spaces for which deeds are included and those spaces to which title is reserved by the subdivider. For any of the latter, there shall be submitted with the subdivision plat copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefor.
(f) 
All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Village Attorney as to their legal sufficiency.
(g) 
Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in accordance with the prevailing Village practice.
(h) 
Permanent reference monuments shall be shown, and shall be constructed in accordance with specifications of the Village Engineer. When referenced to the state system of plane coordinates, they shall also conform to the requirements of the State Department of Public Works. They shall be placed as required by the Village Engineer and their location noted and referenced upon the plat.
(i) 
All lot corner markers shall be permanently located satisfactorily to the Village Engineer, at least 3/4 inch (if metal) in diameter and at least 42 inches in length, and located in the ground to existing grade.
(j) 
Monuments of a type approved by the Village Engineer shall be set at all corners and angle points of the boundaries of the original tract to be subdivided, and at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the Village Engineer.
(k) 
A map shall be submitted to the satisfaction of the Planning Board indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to § 236-3E(1)(a), then said map shall be submitted prior to final approval of the subdivision plat. However, if the subdivider elects to provide a bond or certified check for all required improvements, as specified in § 236-3E(1)(b), such bond shall not be released until such map is submitted in a form satisfactory to the Planning Board.
A. 
Where the Planning Board finds that, due to the special circumstances of a particular subdivision plat, the provision of certain improvements is not required 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, provided that such waiver shall not have the effect of nullifying the intent and purpose of Chapter 295, Zoning, of this Code or any existing Master Plan and Official Map.
B. 
In granting variances and 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.