By the authority of the resolution of the Village Board of Trustees
of the Village of Dryden, to be adopted on or to be adopted pursuant
to the provisions of Article 7 and § 4-412 of the Village
Law of the State of New York, the Planning Board of the Village of
Dryden shall be authorized and empowered to approve plats showing
lots, blocks, or sites, with or without streets or highways, to approve
development of entirely or partially undeveloped plats already filed
in the office of the Clerk of Tompkins County and to conditionally
approve preliminary plats. It is declared to be the policy of the
Village of Dryden 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, as such
shall be revised from time to time, and shall be properly related
to the proposals shown on the Village General Plan, as periodically
revised, 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. 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 "Land Subdivision
Regulations of the Village of Dryden," have been adopted as local
law.
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
DEVELOPER
A subdivider or his/her agent who shall lay out, propose,
contract or perform the development of subdivided land, either immediate
or future.
EASEMENTS
Written authorization by a property owner for use by another
party, and for a specified purpose, of any designated part of his/her
property.
ENGINEER
A person designated by the Planning Board to make the determinations
required to be made by an engineer under this chapter.
IMPROVEMENTS
When required, shall include but not be limited to the following:
streets, water and sewer lines, drainage facilities, public utilities
and land grading.
LETTER OF CREDIT
A form of security approved by and acceptable to the Board
of Trustees of the Village of Dryden guaranteeing that all improvements
to be made by the subdivider in compliance with this chapter will
be made, and providing funds for engineering and administrative review
and inspection fees.
LOT
Any parcel, plot, site or tract of land separated from other
parcels, plots, sites or tracts by description, as on a subdivision
map or record of survey map, or by metes and bounds, for the purpose
of sale, lease, or separate use.
PRELIMINARY PLAT
Any drawings clearly marked "preliminary plat" showing the
layout of a proposed subdivision, containing all the supplementary
data required by this chapter and the Planning Board in its action
on the sketch plan.
SKETCH PLAN
Any drawings of the proposed subdivision made with sufficient
accuracy and detail to be used by the Planning Board for the purpose
of discussion and classification in accordance with the provisions
of this chapter.
STREET
Any street, avenue, boulevard, road, lane, parkway, alley
or other way which is an existing state, county, town or Village roadway
or a proposed street shown on the Village General Plan or a street
or way shown on a plat to be filed or duly filed and recorded in the
office of the County Clerk. Streets include all land between rights-of-way,
whether improved or unimproved. For the purpose of this chapter, streets
shall be classified as follows:
A.
ARTERIALA street which serves or is designated 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;
B.
COLLECTOR STREETA street which collects traffic from minor streets and carries it to arterial streets but does not carry heavy volumes of fast or through traffic;
C.
MINOR STREETA street which is used to provide access to abutting land, primarily of residential character.
SUBDIVIDER
Any person, corporation, firm, partnership, or association
who shall lay out or propose any subdivision of land for the purpose
of sale or development, either immediate or future.
SUBDIVISION
A.
The division of any parcel of land into two or more parcels,
lots, plots, tracts, sites or other divisions of land, for the purpose,
whether immediate or future, of transfer of ownership whether or not
new building or development is to occur immediately. Subdivision shall
include resubdivision in whole or in part of any plat, filed or unfiled,
which is entirely or partially undeveloped.
B.
The adjustment of boundary lines between neighbors shall not
be deemed a subdivision so long as the adjustment does not result
in the violation of any side lot, setback or other zoning restriction
and the adjustment does not create a new building lot.
(1)
Cluster subdivision is subdivision of land into more than 10 parcels where the individual parcels are reduced in size but not increased in number from that which is permitted by Chapter
350, Zoning, for the area under consideration and where residual land created by such reduction in lot size is to be used for recreation and open space purposes, whether under public or private ownership and control.
(2)
Major subdivision is any subdivision of land not classified
by the Planning Commission as minor subdivision.
(3)
Minor subdivision is the subdivision of any land into not more than two lots (initial lot plus one new lot) and fronting on an existing street, not involving any new street or road or the extension of any municipal facilities, not adversely affecting the development of the remainder of the parcel or of adjoining property and not in conflict with any provisions or portion of the Village General Plan, Official Map, Chapter
350, Zoning, or this chapter.
C.
Any subdivision may be classified by the Planning Board as a
major subdivision, and if so classified, shall require preliminary
plat and final plat approval and submission of all data required for
such approval.
SUBDIVISION PLAT or FINAL PLAT
The final map of all or a portion of the subdivision, with
all supporting data, documentation and approvals required by this
chapter, by the Planning Board, submitted to the Village Clerk for
action by the Village, and which, if approved, shall be filed in the
County Clerk's Office.
WARRANTY
A form of security required to guarantee all work performed
and materials furnished against defect, failure, inadequacy or breakage.
ZONING OFFICER
A person designated by the Board of Trustees to make the determinations required for the enforcement of Chapter
350, Zoning, Chapter
159, Flood Damage Prevention, and Chapter
287, Subdivision of Land, of this Code.
Whenever any subdivision of land is proposed to be made, and
before any sale of 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, or any existing permit
used, the subdivider or his/her duly authorized agent shall apply,
in writing, for approval of such proposed subdivision in accordance
with the following procedures.
Prior to developing plans or submitting sketch plans of a subdivision
for approval, the subdivider may discuss with the Planning Board the
scope and intent of the proposed subdivision. The purpose of such
a meeting is to afford the subdivider an opportunity to consult informally
at an early stage with the Planning Board to conserve time and expense
for the subdivider and create opportunity for achievement of a desirable
subdivision in the pubic interest.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
All subdivisions are subject to the procedures required by the
New York State Environmental Quality Review Act (SEQRA), Article 8
of the New York State Environmental Conservation Law, and the implementing
regulations codified in Section 617 of Title 6 of the New York Code
of Rules and Regulations. The applicant may be required to submit
information necessary for compliance with SEQRA in addition to information
required under this chapter.
It shall be the subdivider's responsibility to notify the Village
45 days prior to the expiration of the warranty period. The Village
will make a final inspection and establish a "punch list" of work
to be corrected as part of the warranty. Subdivider shall make necessary
repairs prior to expiration of warranty period or the Village Board
may extend the warranty period for a six-month increment or may take
the security and do the work itself.
No plat shall be approved by the Planning Board as long as the
subdivider is in default on a previously approved plat.
No building/land use or special permit shall be issued by the
Village until and unless a letter of credit of an amount, and in a
form satisfactory to the Village Attorney and Engineer have been established,
and until all easements have been approved by the Village Attorney
and Engineer and filed and recorded.
Pursuant to resolution of the Board of Trustees, the Planning Board is empowered to modify applicable provisions of Chapter
350, Zoning, in accordance with the provisions of § 7-738 of the 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 and economic use of streets and utilities, and to preserve the natural and scenic qualities of open lands.
A. Request of subdivider. A subdivider may request the use of § 7-738 simultaneously with or subsequent to presentation of the sketch plan as per procedure described in §
287-6. Any submission, subsequent to preliminary approval of a plat shall require a reapplication for sketch plan review.
B. Sketch plan. A subdivider shall present along with a proposal in accordance with the provisions of § 7-738, a standard sketch plan which is consistent with all the criteria established by this chapter, including streets being consistent with the street specification, and lots being consistent with Chapter
350, Zoning.
C. Purposes. This procedure shall be applicable only to lands zoned for residential purposes, and its application shall result in a permitted number of dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter
350, Zoning, applicable to the district or districts in which such land is situated and conforming to all other applicable requirements.
D. Structures allowed. The dwelling units permitted may be, at the discretion
of the Planning Board and subject to the conditions set forth by the
Board of Trustees, in detached, semidetached, attached, or multistory
structures.
E. Park, recreation, open space or other municipal purposes. If the
application of this procedure results in a plat showing land available
for park, recreation, open space, or other municipal purposes, directly
related to the plat, then conditions as to ownership, use and maintenance
of such lands as are necessary to assure the preservation of such
lands for their intended purposes shall be set forth by the Planning
Board.
F. Plat submission. Upon determination that such sketch plan is suitable
for the procedures under § 7-738 and subsequent to the resolution
by the Village Board authorizing the Planning Board to proceed, a
preliminary plat meeting all of the requirements of the resolution
shall be presented to the Planning Board, and thereafter the Planning
Board shall proceed with the required public hearings and all other
requirements of this chapter.
G. Filing, notation on Zoning Map. On the filing of a plat in the office
of the County Clerk in which § 7-738 has been used, the
subdivider shall file a copy with the Village Clerk, who shall make
appropriate notations and reference thereto on the Village Zoning
Map. The Clerk will notify the Zoning Officer when such a 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 recommendation for waiver to the Board of Trustees shall be made only under circumstances set forth in §
287-27 herein.
Any person or persons, jointly or severally, aggrieved by any
decision of the Planning Board or Village Board concerning such plat
may bring a proceeding to review in the manner provided by Article
78 of the Civil Practice Law and Rules, providing the proceeding is
commenced within 30 days after the filing of the decision in the Office
of the Village Clerk, as set forth in § 7-740 of the Village
Law.
[Amended 2-16-2012 by L.L. No. 2-2012]
Fees provided for in this chapter shall be as set forth on the
Village of Dryden Fee Schedule, which Fee Schedule may be established
by resolution and thereafter amended from time to time by resolution
of the Village Board of Trustees.