[HISTORY: Adopted by the Board of Trustees of the Village
of Dundee 5-13-1975 by L.L. No. 1-1975 as Ch. 31 of the 1975 Village of
Dundee Municipal Code; amended in its entirety 9-14-2021 by L.L. No. 3-2021. Subsequent amendments noted where applicable.]
A.
By the authority of the resolution of the Board of Trustees of the
Village of Dundee, adopted on July 1, 1969 and pursuant to the provisions
of Article 16 of the Village Law of the State of New York, the Board
of Trustees of the Village of Dundee as successor to the powers and
authority of the Village Planning Board, is authorized and empowered
to approve plats showing lots, blocks or sites, with or without streets
or highways, to approve the development of entirely or partially undeveloped
plats already filed in the office of the Clerk of the County and to
conditionally approve preliminary plats, within the Village of Dundee.
B.
These regulations, which shall be known as and which may be cited
as the "Village of Dundee Land Subdivision Regulations," have been
adopted by the Board of Trustees.
A.
Exemption. Notwithstanding any other provisions of this chapter,
a lot line adjustment shall not be considered a subdivision and therefore
is exempt from the procedural requirements otherwise imposed upon
a subdivision. A lot line adjustment, however, must be determined
to be exempt by the Code Enforcement Officer based upon the lot line
adjustment criteria set forth herein.
B.
Criteria for classification as a lot line adjustment:
(1)
No new lot is to be created; or
(2)
The action is intended to adjust, relocate or correct an existing
lot line; or
(3)
The intended conveyance will involve a part of one lot being
added to an adjoining lot; and
(4)
Neither of the lots involved will become nonconforming in any
respect under the Zoning Chapter as a result of the lot line adjustment.
C.
Application process.
(1)
An application for a lot line adjustment exemption shall be
submitted to the Code Enforcement Officer and be in a form prescribed
by the Board of Trustees.
(2)
The fee for such application shall be set by resolution of the
Board of Trustees.
(3)
The application shall contain:
(a)
The name, address and telephone number of each lot owner involved
in the lot line adjustment.
(b)
The address and tax map number of each lot involved.
(c)
An explanation of the intended adjustment and the reason(s)
therefor.
(d)
A map or sketch, acceptable to the Code Enforcement Officer,
drawn to scale depicting the existing lot lines as well as the proposed
new lot line.
(e)
Any other documentation and/or information required by the Code
Enforcement Officer.
D.
The Code Enforcement Officer shall make a determination of whether
to grant the exemption within 10 days of the application submission
being complete and shall, within such ten-day period, provide written
notification thereof to the applicant. In the event that the exemption
is denied, the Code Enforcement Officer shall specify the reason(s)
therefor in the written notice.
A.
No subdivision of any lot, tract or parcel of land shall be effected,
no street, sanitary sewer, storm sewer, water main or other facilities
in connection therewith shall be laid out, constructed, opened or
dedicated for public use and travel or the common use of occupants
of buildings abutting thereon except in strict accordance with the
provisions of these regulations.
B.
All plans for subdivisions not exempted pursuant to § 115-1.1 hereof shall be submitted to the Board of Trustees and approved by it before they shall be recorded.
C.
The provisions contained herein shall apply to all land within the
geographic limits of the Village of Dundee.
It is declared to be the policy of the Village of Dundee to
consider land subdivision plats as part of a plan for the orderly,
efficient and economical development of the Village of Dundee. This
means, among other things, that:
A.
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.
B.
Proper provision shall be made for drainage, water supply, sewerage
and other needed improvements.
C.
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.
D.
The proposed streets shall compose a convenience system and shall
be properly related to the proposals shown on the Village Comprehensive
Plan and shall be of such width, grade and location as to accommodate
the prospective traffic, to facilitate fire protection and to provide
access of fire-fighting equipment to buildings.
E.
Proper provision shall be made for open spaces for parks and playgrounds.
As used in these regulations, the following terms shall be defined
as follows:
The Board of Trustees of the Village of Dundee.
A comprehensive plan, prepared and adopted by the Board of
Trustees, which indicates the general locations recommended for various
functional classes of public works, places and structures and for
general physical development of the Village of Dundee and includes
any unit or part of such plan separately prepared and any amendment
to such plan or parts therein that may be approved by said Board of
Trustees.
A right-of-way granted for limited use of private land for
a public or quasipublic purpose.
A person licensed as a professional engineer by the State
of New York.
The engineer employed by the Village of Dundee.
A tract or parcel of land.
A drawing, in final form, showing a proposed subdivision
containing all information or detail required by law and by these
regulations to be presented to the Board of Trustees for approval,
and which, if approved, may be duly filed or recorded by the applicant
in the office of the County Clerk.
A strip of land, including the entire right-of-way, intended
for use as a means of vehicular and pedestrian circulation.
The owner, or authorized agent of the owner, of a subdivision.
The division of any parcel of land into two or more lots, except pursuant to § 115-1.1 hereof.
A person licensed as a land surveyor by the State of New
York.
The Code of the Village of Dundee.
General procedure. Whenever any subdivision of land is proposed
to be made, and before any permit for the erection of a structure
in such proposed subdivision shall be granted, the subdivider or his
duly authorized agent shall apply in writing for approval of such
proposed subdivision in accordance with the following procedures:
A.
Preliminary discussion. Prior to the formal submission of a sketch
plan, it is recommended that the developer shall attend the regular
meeting of the Board of Trustees to informally discuss his development
plans. Such discussion shall include zoning and subdivision requirements,
street improvements, drainage, sewerage, water supply, fire protection
and similar aspects, as well as the availability of existing services
and other pertinent information.
B.
Submission of subdivision plat. Any owner of land shall, prior to
subdividing or resubdividing land, submit to the Village Clerk at
least 14 days prior to a regular meeting of the Board of Trustees
nine copies of a subdivision plat of the proposed subdivision, for
the purposes of plat submission.
C.
Approval of subdivision plat.
(1)
All applications for subdivision plat approval shall be accompanied
by a fee in an amount set from to time to time by resolution of the
Board of Trustees.
(2)
The subdivider, or his duly authorized representative, shall attend
the meeting of the Board of Trustees to discuss the subdivision plat.
(3)
The Board of Trustees shall state on the record whether or not the
application is complete, and if not complete, specify what is needed
for the application to be complete.
(4)
A public hearing shall be held by the Board of Trustees within 30
days from the time of submission of the complete subdivision plat
for approval. Said hearing shall be advertised in a newspaper of general
circulation in the Village of Dundee at least five days before such
hearing. A notice of the hearing shall be posted in the Village Hall
not less than five days before such hearing.
(5)
The Board of Trustees shall, within 45 days from the closing of the
public hearing approve, approve with conditions or disapprove the
subdivision plat.
D.
Plat requirements.
(1)
The subdivision plat submitted to the Board of Trustees shall be
based on tax map information or some other similarly accurate base
map at a scale not smaller than 200 feet to the inch to enable the
entire tract to be shown on one sheet. The plat map shall be submitted,
showing the following information:
(a)
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.
(b)
All existing structures, wooded areas, streams and other significant
physical features, within the portion to be subdivided and within
200 feet thereof. If topographic conditions are significant, contours
shall also be indicated at intervals of not more than 10 feet.
(c)
The name of the owner and of all adjoining property owners as
disclosed by the most recent municipal tax records.
(d)
The tax map sheet, block and lot numbers, if available.
(e)
All the utilities available and all streets which are either
proposed, mapped or built.
(f)
The proposed pattern of lots, including lot width and depth,
and the street layout, recreation areas, systems of drainage, sewerage
and water supply within the subdivided area.
(g)
All existing restrictions on the use of land, including easements,
covenants or zoning lines.
(h)
For subdivisions of four lots or more, the name of the registered
engineer, surveyor or architect responsible for the plat.
(2)
Plans shall conform with any applicable state and/or county regulations.
The design standards, listed below, shall be incorporated in
all proposed plans:
A.
Land requirements. Land shall be suited to the purposes for which
it is to be subdivided and shall be of such character that it can
be used safely without danger to health or peril from flood, fire
or other menace.
B.
Street system layout.
(1)
The location of all major streets in the proposed subdivision shall
conform in general alignment to the Village Comprehensive Plan adopted
by the Board of Trustees.
(2)
The proposed street layout shall provide for the continuation or
projection of existing streets in the surrounding areas unless the
Board of Trustees deems such extension undesirable for specific reasons
of topography or design.
(3)
Streets shall be logically related to the topography to produce usable
lots and reasonable grades.
(4)
Proposed streets shall be extended to provide access to adjoining
property where necessary.
(5)
All lots shall be accessible to fire equipment.
C.
Street intersections.
(1)
Streets shall be laid out to intersect as nearly as possible at right
angles. No street shall intersect another at an angle of less than
60°.
(2)
Multiple intersections involving junction of more than two streets
shall be avoided. Where this proves impossible, such intersections
shall be designed with extreme care for both pedestrian and vehicular
safety.
(3)
To the fullest extent possible, intersections shall be located not
less than 200 feet apart, measured from center line to center line.
E.
Easements. Easements with a minimum width of 10 feet plus the width
of any required pipe or other improvement shall be provided as necessary
for utilities.
F.
Storm drainage. Lots shall be laid out and graded to provide positive
drainage away from buildings.
Minimum improvements and construction standards required of
all subdivisions shall be as set forth in this section and shall further
be in accordance with the prevailing standards as established by the
Board of Trustees.
A.
Streets. Required improvements and construction standards shall be
in accordance with the specifications of the Village of Dundee.
B.
Public water supply. Where a public water supply, in the opinion
of the Board of Trustees, is reasonably accessible, the subdivision
shall be provided with a complete water distribution system, including
a connection for each lot. Where a public water supply is not in reasonable
distance, an alternate supply, approved by the New York State Department
of Health, shall be furnished.
C.
Public sewer system. Where a public sewer system, in the opinion
of the Board of Trustees, is reasonably accessible, the subdivision
shall be provided with complete public sewer connections, including
connections, for each lot. Where a public sewer system is not in reasonable
distance, an alternative supply, approved by the New York State Department
of Health, shall be furnished.
D.
Performance bond. The Board of Trustees shall require that the subdivider
post with the Village Clerk a letter of credit or performance bond
benefiting the Village of Dundee in an amount sufficient to cover
the full cost of installing the required improvements, as estimated
by the Village Engineer. In the case of a bond filed, it shall be
with a surety satisfactory to the Board of Trustees, and the time
for the completion of improvements and installations shall be specified,
such time to be established by Board of Trustees.
A.
In the event that the Board of Trustees finds that extraordinary
and unnecessary hardships may result from strict compliance with these
regulations, it may vary the regulations so that substantial justice
will be done and the public interest secured, provided that such variations
will not have the effect of nullifying the Comprehensive Plan or the
Zoning Chapter. In such event the reasons for the waiver shall be
set forth in the minutes of the Board of Trustees.
B.
Where the Board of Trustees finds that, due to the special circumstances
of a particular plat, the provision of certain required improvements
is not requisite in the interest of the public health, safety and
general welfare or is inappropriate because of inadequacy or lack
of connecting facilities adjacent or in proximity to the proposed
subdivision, it may waive such requirements subject to appropriate
conditions. In such event the reasons for the waiver shall be set
forth in the minutes of the Board of Trustees.
C.
When applying conditions to any approval, the Board of Trustees shall
require such conditions as will, in its judgment, secure substantially
the objectives of the Village Code, the Comprehensive Plan and/or
New York State Law.
