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.
EASEMENT
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his/her property.
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.
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.
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.
ZONING LAW
The officially adopted Zoning Law of the Village of Oakfield
with all amendments thereto.
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) may affect this submission date as it relates to a complete
application.
(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) may affect this "submission" date as it relates to a "complete"
application.
(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.
(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.