Village of Weedsport, NY Subdivision of Land

Any division of a lot into two or more lots, whether new streets, public facilities, or municipal utility extensions are involved or not.

Any other land transaction which requires filing of a plat with the Cayuga County Clerk.

Note: Consolidation of lots for tax purposes as initiated by landowners and approved by the Cayuga County Real Property Office shall not be considered a subdivision but shall be required to be registered with the Village Clerk.

Legal effect: land-use regulations. Whenever any subdivision of land is proposed to be made, and before any site modifications are made, and before any permit for the erection of a structure in such proposed subdivision is granted, the applicant or a duly authorized agent must apply for, in writing, and receive approval of the proposed subdivision in accordance with these regulations.

Legal effect: filing plats with County Clerk. Before any plat or licensed survey map of land in the Village of Weedsport is filed with the County Clerk, the plat or licensed survey map must be approved by the Planning Board Chair or the entire Planning Board, as applicable, in accordance with the procedures of this chapter and the New York State Village Law, Article 7, § 7-728.

Plat void if revised after approval.

No changes, erasures, modifications, or revisions shall be made in any subdivision plat or licensed survey map after approval has been given by the Planning Board Chair or the entire Planning Board and endorsed in writing on the plat or licensed survey map, unless the plat or licensed survey map is first resubmitted to the Planning Board and the Board approves any modifications.

In the event that any such subdivision plat or licensed survey map is recorded without complying with this requirement, it shall be considered null and void, and the Code Enforcement Officer may institute proceedings to have the plat or licensed survey map stricken from the records of the County Clerk.

§ 215-48 Types of subdivisions and procedures.

General description. The following is a list of key considerations governing the subdivision of land:

Subdivision. Subdivisions proposed for the Village of Weedsport will be considered either as simple, minor, or major subdivisions.

Resubdivisions. Any change to an existing plat is considered a resubdivision and thus requires approval of the Village Planning Board in accordance with the procedures of this article.

Surety. The Village Planning Board may require that appropriate surety be posted to assure the project is constructed as designed or to assure that conditions of approval are met.

Clustering. The Village Planning Board will consider any proposal for a clustered project, but the Planning Board reserves the right to require clustering to protect environmentally sensitive areas or to preserve open space.

SEQR. All proposals require appropriate environmental reviews in accordance with the State Environmental Quality Review procedures.

These regulations recognize three types of subdivisions, which are subject to three different review and approval procedures:

Simple subdivision: Review includes two required submissions by the applicant, review by the Planning Board, and approval by the Planning Board Chair.

Minor subdivision: Review includes two required submissions by the applicant, may include a public hearing if considered desirable by the Planning Board, and approval by the Planning Board.

DEAD-END STREET or CUL-DE-SAC

Major subdivision: Review includes three required submissions by the applicant, at least one public hearing by the Planning Board, and approval by the Planning Board.

§ 215-49 Coordination with County Health Department.

The provisions of the Cayuga County Sanitary Code are in addition to these subdivision regulations.

§ 215-50 Consultation and reimbursable costs.

The Planning Board may choose at any point in a subdivision review process to request consultants for review, comment, and advice on any aspect of the approval process, subdivision design, engineering specifications, or other pertinent matters.

Costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed subdivision or inspection of required improvements shall be charged to the applicant. Estimated review fees shall be deposited into an escrow account when making application for preliminary subdivision approval. Such fees may include staff costs or consultant fees covering planning, engineering, environmental analysis, wetland delineation, legal review, and other technical services required for a proper and thorough professional review of the application. No permit shall be issued until all costs have been paid. The Village shall account for the expenditure of all such funds and shall promptly refund any unexpended funds within 20 business days of final action by the Planning Board.

§ 215-51 Plat review of uncompleted subdivisions.

The Planning Board may, on direction of the Village Board, review, for the purposes of revision or granting an exemption, any plat within the Village municipal boundaries, already on file with the County Clerk as authorized under the New York State Village Law, Article 7, § 7-728.

§ 215-52 Definitions.

As used in this article, the following terms shall have the meanings indicated:

APPLICANT

Any person, firm, corporation, partnership or association who shall lay out any subdivision or part thereof as defined herein, either personally or on behalf of ownership, lessee or building development, and shall include resubdivision.

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.

DATE OF SUBMISSION

The date on which a complete subdivision application is considered submitted to the Planning Board. A subdivision application shall not be considered complete until a negative declaration or a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a plat shall begin upon the filing of such negative declaration or such notice of completion, provided that all other required application documentation and information has been submitted to the Planning Board prior to the filing of such negative declaration or such notice of completion.

A street or portion of a street with only one vehicular traffic outlet.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of stormwater sewers or drainage ditches or field tiles are required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

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 sized subdivision requiring a new street or extension of municipal facilities.

MINOR STREET

A street intended to serve primary access to abutting properties.

MINOR SUBDIVISION

Any subdivision which contains not more than four lots fronting on an existing street; does not include any new street or road; does not require the extension of municipal facilities; does not adversely affect adjacent properties; and is not in conflict with any provision of the Comprehensive Plan and Official Zoning Map of the Village of Weedsport, or these regulations.

OFFICIAL MAP

A map, adopted by a legislative body through a resolution or ordinance, showing existing streets and approved proposed streets, parks, and other public places.

PRELIMINARY PLAT

A drawing or drawings, clearly marked "preliminary plat," showing the significant features of a proposed subdivision, as specified in § 215-55 and § 215-56 of this chapter, submitted to the Planning Board for the purposes of 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.

RESUBDIVISION

Revision of all or part of an existing filed plat.

SIMPLE SUBDIVISION

Any subdivision not classified as minor or major where no new lots are created but where lot lines are rearranged.

STREET PAVEMENT

The wearing or exposed surface of the roadway used by vehicular traffic.

STREET WIDTH

The width of the right-of-way, measured at right angles to the center line of the street.

SUBDIVISION

The legal division of any tract of land into two or more lots, plots, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership, lease or building development, and shall include resubdivision.

SUBDIVISION PLAT or FINAL PLAT

A drawing, in final form, showing a proposed subdivision, containing all information or details required by law and by these regulations 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 County Clerk.

SURVEYOR

A person licensed as a land surveyor by the State of New York.

UNDEVELOPED PLATS

Those plats existing at the time of the enactment of this chapter that have been filed in the office of the County Clerk, where 20% or more of the lots within the plat are unimproved.

VILLAGE ENGINEER

The designated engineer of the Village of Weedsport.

§ 215-53 Subdivision classification and preapplication conference requirements.

Classification of subdivision. The first stage of subdivision is classification. Classification requires that an applicant schedule and attend a preapplication conference with the Planning Board at a regular Planning Board meeting. For this conference the applicant shall submit a sketch plat of the proposed subdivision to the Planning Board Chair that provides sufficient detail to classify the action as to the type of review required.

Preapplication conferences. A preapplication conference with the Planning Board at a regular Planning Board meeting is required before any subdivision is reviewed or approved by the Planning Board, or in the case of a simple subdivision reviewed by the Planning Board and approved by the Planning Board Chair. Preapplication conferences serve the following functions:

To discuss the preliminary design of the project.

To review application requirements and identify specific information that shall be provided on the preliminary plat.

To set a probable timetable for review.

The sketch plat initially submitted to the Planning Board Chair shall be based on Tax Map information or on some other similarly accurate base map at a scale of one inch equals 200 feet. A submitted sketch plat shall show the following information:

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.

All existing structures, wooded areas, streams, wetlands, flood hazard areas 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.

The Tax Map, block and lot numbers of all lots shown on the plat.

The names of the owner and of all adjoining property owners as disclosed by the current tax roll.

All the utilities available and all streets as they appear on the Official Map.

The proposed pattern of lots (with dimensions), street layout, recreation areas, systems of drainage, sewerage, and water supply within the subdivided area.

(8)

All existing restrictions on the use of land, including easements, covenants and zoning district boundary lines.

§ 215-54 Simple subdivision review procedure.

Review of a simple subdivision plat is a two-step process consisting of a preapplication conference as required by § 215-53 hereof and a plat review and approval. After a preapplication conference, the Planning Board Chair shall act, whether during a Planning Board meeting or not, to approve; conditionally approve with modifications; disapprove; or grant final approval. In any event, final approval cannot be granted until four copies of an official survey map prepared by a surveyor licensed by New York State has been presented to the Code Enforcement Officer and Planning Board Chair, and such map indicates that all of the requirements of the Village of Weedsport Zoning Law have been satisfied. Final approval of the simple subdivision by the Planning Board Chair shall be indicated by the Chair's signature and date on the final survey map.

§ 215-55 Minor subdivision review procedure.

Review of a minor subdivision plat is a two-step process consisting of a preapplication conference as required by § 215-53 hereof and a plat review and approval. A minor subdivision plat review shall include an environmental review in accordance with NYS SEQR requirements and shall be conducted by the Planning Board.

Environmental review. The environmental review is conducted to determine if the project, as proposed, would result in any significant adverse environmental impact and to identify design modifications that would mitigate potential adverse environmental impacts identified. Unless overriding circumstances exist, the Planning Board shall serve as the lead agency for conducting the environmental review on all subdivision proposals.

The Planning Board will review the minor subdivision plat taking into account staff reports and the comments of the Village Engineer and involved and interested agencies to which the plat was referred. The Planning Board then may refer the applicant to appropriate officials or agencies to resolve any issues of design or legal requirements of the respective agencies.

Submission of application. Within six months after the preapplication conference and the classification of a sketch plat as a minor subdivision by the Planning Board, the applicant shall submit an application for approval of a minor subdivision plat. Failure to do so shall require resubmission of the sketch plat to the Planning Board for reclassification. The minor subdivision plat shall conform to the layout shown on the sketch plat as well as incorporate any recommendations made during the preapplication conference. The application shall also conform to the requirements listed in § 215-55C.

Applications shall be submitted to the Planning Board Chair at least two weeks in advance of the next regularly scheduled Planning Board meeting; and shall include:

A complete application form and at least four copies of the minor subdivision plat.

Supplemental information as required including SEQR documents.

The application fee established by resolution of the Village Board and may be amended from time to time by resolution of the Village Board. The application fee shall be used to cover part of the cost of the subdivision review process, including administrative costs such as public hearing notices, inspections, communications, etc.

Requirements for minor subdivision plat review. A minor subdivision plat application shall include the following information:

A copy of such covenants or deed restrictions that are intended to cover all or part of the tract.

An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corner of each tract shall also be located on the ground and marked with an approved pin, pipe, or monument and shall be referred to and shown on the plat.

The proposed lot lines with the approximate dimensions and area of each lot.

All on-site sanitation and water supply facilities (if any) shall be designed to meet the specifications of the Cayuga County Health Department; approval shall be stated on the plat and signed by an officer of the Cayuga County Health Department.

The proposed subdivision name (if any), and the names of the Village and county in which it is located.

The date, a true North arrow, the map scale, and the names, addresses, and phone numbers of all owners of record and the applicant.

The minor subdivision plat shall be a clear, legible reproduction that meets the standards for filing with the Cayuga County Clerk as prescribed by law.

Applicant to attend Planning Board meeting on minor subdivision plat. The applicant, or a duly authorized representative, shall attend the meeting of the Planning Board at which a subdivision plat is discussed.

Public hearing on minor subdivision plat. If required by the Planning Board, a public hearing shall be held within 62 calendar days of the date of submission of required materials. The hearing shall be advertised in the official newspaper of the Village at least 10 business days before such hearing. If no public hearing is required, the Planning Board shall have 62 calendar days from the date of submission to make its decision. When an applicant is notified of the public hearing date, the applicant shall be required to obtain signage, provided by the Planning Board, and obtained from the Code Enforcement Officer. The applicant shall post this signage at the site, in such a manner as to be readily visible to the public from the nearest adjacent public road, at least 10 business days prior to the public hearing. The Planning Board shall send by certified mail a copy of the public notice to all owners of parcels that are immediately adjacent to and extending 500 feet therefrom, or of that directly opposite thereto, extending 500 feet from the street frontage of the parcel(s) of land included in the application for the subdivision at least 10 business days' prior to the date of such public hearing.

Action on minor subdivision plat.

The Planning Board shall, within 62 calendar days of the date of the public hearing, act to conditionally approve; conditionally approve with modification; disapprove; or grant final approval to and authorize the signing of the final subdivision plat by the Planning Board Chair. This time may be extended by mutual consent of the applicant and the Planning Board. Failure of the Planning Board to act within such time, in the absence of a mutually agreed upon extension, shall constitute approval of the plat.

Upon granting conditional approval with or without modification to the plat, the Planning Board shall empower the Planning Board Chair to sign the plat upon compliance with such conditions and requirements as may be stated in the Board's resolution of conditional approval.

Within five business days of the resolution granting conditional approval, the plat shall be certified by the Chair of the Planning Board as conditionally approved; a copy shall be filed in the Village Clerk's office; and a certified copy shall be mailed to the applicant. The copy mailed to the applicant shall include a certified statement of such requirements as, when completed, will authorize the signing of the conditionally approved plat.

Upon completion of the requirements in the resolution of approval, the plat shall be signed by the Chair of the Planning Board. Conditional approval of the plat shall expire 180 calendar days after the date of the resolution granting such approval. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances. Such extension is not to exceed two additional periods of 90 calendar days each.

§ 215-56 Major subdivision preliminary plat review procedure.

Review of a major subdivision plat is a three-step process consisting of a preapplication conference as required by § 215-53 hereof, a preliminary plat review and approval, and a final plat review and approval. A major subdivision plat review shall include an environmental review in accordance with NYS SEQR requirements and shall be conducted by the Planning Board.

The Planning Board will review the major subdivision plat taking into account staff reports and the comments of the Village Engineer and involved and interested agencies to which the plat was referred. The Planning Board then may refer the applicant to appropriate officials or agencies to resolve any issues of design or legal requirements of the respective agencies.

Submission of application. Within 12 months after the preapplication conference and the classification of a sketch plat as a major subdivision by the Planning Board, the applicant shall submit an application for approval of a major subdivision plat. Failure to do so shall require resubmission of the sketch plat to the Planning Board for reclassification. The major subdivision plat shall conform to the layout shown on the sketch plat as well as incorporate any recommendations made during the preapplication conference. The application shall also conform to the requirements listed in § 215-56C.

Applications shall be submitted to the Planning Board Chair at least two weeks in advance of the next regularly scheduled Planning Board meeting; and shall include:

A complete application form, at least nine copies of the major subdivision plat printed full-size, one copy of the major subdivision plat printed on eleven-inch-by-seventeen-inch paper, and a digital copy in .pdf format on a CD or other acceptable device. The applicant may be required to submit additional copies of the application if the Planning Board Chair determines that other officials, agencies, or consultants need to be informed about the project.

All copies of the preliminary plat shall be clearly marked with the words "Preliminary Subdivision Plat." The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of the New York State Village Law Article 7, § 7-728 and § 215-56C of these regulations, except where a waiver may be specifically authorized by the Planning Board.

All documents showing construction details of proposed improvements, any supporting materials or engineering reports and a completed environmental assessment form or, if required, a draft environmental impact statement.

(d)

The date of submission of the preliminary plat shall be considered to be the date on which the Planning Board Chair accepts as complete the preliminary plat and all data required by § 215-56C hereof. The Planning Board Chair shall note the date on the preliminary plat.

Requirements for major subdivision preliminary plat review. Preliminary plat maps shall include the following information:

The proposed subdivision name; the names of the Village and county in which it is located; the date; a true North arrow; the map scale; and the names, addresses and phone numbers of all owners of record, the applicant, and the architect, engineer, or surveyor including license number(s) and seal(s).

The names of the owners of record of all adjacent properties.

The zoning district, including exact boundary of districts, where applicable.

All parcels of land proposed to be dedicated to public use and the condition of such dedication.

The locations of existing property lines, easements, buildings, watercourses, marshes, rock outcrops, and wooded areas.

The locations of existing sewers, water mains, culverts, and drains on the property, with pipe sizes, grades, and direction of flow.

Contours with intervals of 10 feet or less as required by the Planning Board, including elevations on existing roads, and an approximate grading plan if natural contours are to be changed more than two feet.

(8)

The width and location of any streets or public ways or places shown on the Official Map of the Village of Weedsport within the area to be subdivided, and the width, location, grades and street profiles of all streets or public ways proposed by the developer.

(9)

The approximate location and size of all proposed water lines, valves, hydrants, sewer lines, and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in standards established by the Cayuga County Health Department. Show profiles of all proposed water and sewer lines.

(10)

All requirements as specified in local laws of the Village of Weedsport governing stormwater runoff; a stormwater management plan indicating the approximate location, construction and size of swales; and proposed lines and their profiles. Ramification of connections to existing or alternate means of disposal.

(11)

Plans and cross-sections showing the proposed new location and types 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. New features must comply with the subdivision design standards found in § 215-67 hereof.

(12)

Preliminary designs of any bridges or culverts which may be required.

(13)

The proposed lot lines with the approximate dimensions and area of each lot.

(14)

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 open space shown on the subdivision or the Official Map.

(15)

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 shall also be located on the ground and marked with an approved pin, pipe or monument as approved by the Village Board, and shall be referred to and shown on the plat.

(16)

If the application covers only a part of the applicant's holding, a map of the entire tract shall be submitted so that the part of the applicant's holding covered in the application can be considered in the light of the entire holding. This map shall be drawn at a scale of one inch equals 200 feet and shall show an outline of the platted area with its proposed streets, and an indication of any probable future street system with its grades and drainage in the remaining portion of the tract, and any probable future drainage layout of the entire tract.

(17)

A copy of any covenants or deed restrictions that are intended to cover all or part of the tract.

Applicant to attend Planning Board meeting. The applicant, or a duly authorized representative, shall attend the meeting of the Planning Board to discuss the preliminary plat.

Study of major subdivision preliminary plat. The Planning Board shall study the practicability of a 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 Village of Weedsport Comprehensive Plan, the Official Map, and Zoning Regulations.

Public hearing on major subdivision preliminary plat. Within 62 calendar days of the date of submission of a preliminary plat marked as complete by the Planning Board Chair, the Planning Board shall hold a public hearing. When an applicant is notified of the public hearing date, the applicant shall be required to obtain signage provided by the Planning Board by way of the Code Enforcement Officer and to post it at the site, in such a manner as to be readily visible to the public from the nearest adjacent public road, at least 10 business days' prior to the public hearing. The public hearing shall be advertised at least once in the official newspaper of the Village at least 10 business days before such hearing. The Planning Board shall send by certified mail a copy of the public notice to all owners of parcels that are immediately adjacent to and extending 500 feet therefrom, or of that directly opposite thereto, extending 500 feet from the street frontage of the parcel(s) of land included in the application for the subdivision at least 10 business days prior to the date of such public hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat.

Planning Board approval of preliminary plat.

Within 62 calendar days of the date of the public hearing, the Planning Board shall approve with or without modification, or disapprove the preliminary plat; and the grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such plat may be extended by written mutual consent of the applicant and the Planning Board. Failure of the Planning Board to act within such time, in the absence of a mutually agreed upon extension, shall constitute approval of the preliminary plat.

Conditional approval of preliminary plat. When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to:

Modifications to the preliminary plat.

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, and welfare.

The required improvement or the amount of all bonds therefore which it will require as prerequisite to the approval of the final subdivision plat.

Effect of approval of preliminary plat. Approval of a preliminary plat shall not constitute approval of the final 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 final subdivision plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. When approving a preliminary plat, the Planning Board shall state in writing the modifications, if any, it deems necessary for submission of the plat in final form. Within five business days of the approval of such preliminary plat, it shall be certified by the Planning Board Chair as having been granted preliminary approval, and a copy shall be filed with the Village Clerk, a certified copy shall be mailed to the owner, and a copy shall be forwarded to the Village Board. Prior to approval of the final 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.

§ 215-57 Major subdivision final plat application.

Purpose. This step provides for a refinement of information submitted in the preliminary plat review procedure through submission of additional information about site design and improvements. This information permits the Planning Board and the Village Engineer to make decisions concerning the appropriateness of the proposed major subdivision. Some important considerations include but are not limited to:

Conditions of the preliminary plat approval.

Mitigating measures identified during the environmental review.

Offers of dedication of land for open space and recreation, or of new public roads.

Requirements of involved agencies.

Drainage considerations.

Water metering during construction.

Phasing of the proposed project if the project is to be phased.

(8)

Surety for improvements.

Submission of application. Within six months after the approval of a preliminary plat, the applicant shall submit an application for approval of a final subdivision plat in final form. If the final subdivision plat is not submitted for approval within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final subdivision plat and require resubmission of the preliminary plat.

Applications shall be submitted to the Planning Board Chair at least two weeks in advance of the next regularly scheduled Planning Board meeting; and shall include:

A complete application form; at least nine copies of the final major subdivision plat printed full size; one original paper copy with original signatures and professional seals in ink of the final major subdivision plat printed full size; one copy of the final major subdivision plat printed on eleven-inch-by-seventeen-inch paper; the original and one copy of all offers of cession, covenants and agreements; two copies printed full size of all construction drawings; and a digital copy in .pdf format of all materials listed above on a CD or other acceptable device.

All copies of the final plat shall be clearly marked with the words "Final Subdivision Plat."

Requirements for major subdivision final plat review. Final plat maps shall include the following information:

Proposed subdivision name or identifying title and the names of the Village and county in which the subdivision is located; the names and addresses of the owners of record and of the applicant; and the name, license number and seal of the New-York-State-licensed land surveyor.

Road lines, pedestrianways, lots, reservations, easements, and areas to be dedicated to public use.

Data acceptable to the Planning Board as sufficient to determine readily the location, bearing and length of every street line, lot line and boundary line and as sufficient to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the State Plane Coordinate System, 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, central angles of 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 the boundaries of the property, location, graphic scale, and true-north arrow.

(e)

The plat shall also show by proper designation thereon all public open spaces for which deeds are included and those spaces whose title is reserved by the developer. For any of the latter there shall be submitted with the final 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 or 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 a licensed engineer or surveyor. When referred to the State Plane Coordinate System they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the Village and their location noted and referred to upon the final plat.

(i)

All lot corner markers shall be permanently located in a way satisfactory to a licensed engineer or surveyor.

(j)

Pins, pipes or monuments of a type approved by the Village Board 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 a licensed engineer or surveyor.

(k)

Construction drawings, including plans, profiles and typical cross-sections as required, showing the proposed location, size, and type of streets, sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, pavements and subbase, manholes, catch basins and other facilities.

§ 215-58 Endorsement of state and county agencies.

Applications for approval on plans for sewer or water facilities shall be filed by the applicant with all necessary Village, county, and state agencies. Endorsement and approval by said agencies shall be secured by the applicant prior to official submission of the final subdivision plat for approval by the Planning Board.

§ 215-59 Required improvements.

Surety. Before the Planning Board grants final approval of a major subdivision final plat, the applicant shall follow the procedure set forth in either Subsection B or Subsection C of this section, below.

Full cost check or bond. In an amount set by the Planning Board, the applicant shall either file with the Village Clerk a certified check to cover the full cost of the required improvements, or the applicant shall file with the Village Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of the New York State Village Law Article 7, § 7-730, and further shall be satisfactory to the Village Board and Village Attorney as to 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 as the time within which required improvements must be completed.

Check or bond for completion. The applicant shall complete all required improvements to the satisfaction of the Code Enforcement Officer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Planning Board. For any required improvements not so completed, the applicant shall file with the Village Clerk a bond or certified check covering the costs of such improvements. Any such bond shall be satisfactory to the Village Board and Village Attorney as to form, sufficiency, manner of execution, and surety.

§ 215-60 Public hearing and review of final plat.

Within 62 calendar days of the date of submission of a major subdivision final plat in final form for approval, a public hearing shall be held by the Planning Board. This hearing shall be advertised at least once in the official newspaper of the Village and at least 10 business days before the hearing. The Planning Board shall send by certified mail a copy of the public notice to all owners of parcels that are immediately adjacent to and extending 500 feet therefrom, or of that directly opposite thereto, extending 500 feet from the street frontage of the parcel(s) of land included in the application for the subdivision at least 10 business days' prior to the date of such public hearing.

If, however, the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 215-56G hereof; or modified in accordance with the requirements of a conditional approval or approval with modifications, the Planning Board may waive the requirement for such a public hearing.

§ 215-61 Planning Board action on final plat.

Prescribed time for action. The Planning Board action shall be by resolution to conditionally approve with or without modification; disapprove; or grant final approval to and authorize the signing of the plat by the Planning Board Chair. The action is to be taken within 62 calendar days of the public hearing, if one was held, and if no public hearing was held, within 62 calendar days of the date of submission. This time may be extended by written mutual consent of the applicant and the Planning Board. Failure of the Planning Board to act within such time, in the absence of a mutually agreed upon extension, shall constitute approval of the final plat.

Conditional approval. Upon resolution of conditional approval of a final plat, the Planning Board shall empower the Planning Board Chair to sign the plat upon completion of such requirements as may be stated in the resolution. Within five business days of such resolution, the plat shall be certified by the Planning Board Chair as conditionally approved, and a copy filed in the Village Clerk's office, and a certified copy mailed to the applicant. The copy mailed to the applicant shall include a certified statement of such requirements as, when completed, will authorize the signing of the conditionally approved final plat.

Certification by Planning Board Chair. Upon completion of such requirements, the plat shall be signed by the Planning Board Chair.

Expiration of approval. Conditional approval of a final plat shall expire 180 calendar days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted by the circumstances; such extension is not to exceed two additional periods of 90 calendar days each.

§ 215-62 Final approval of subdivision plat.

Signature of Planning Board Chair. Upon completion of the requirements in § 215-57 through § 215-61 hereof and notation to that effect upon the final subdivision plat, the final plat shall be deemed to have final approval and shall be properly signed by the Planning Board Chair. The approved final plat shall also be signed by the Cayuga County Health Department and the Cayuga County Real Property Office before it may be recorded with the Cayuga County Clerk.

Prompt filing. Any subdivision plat that is not filed or recorded within 30 calendar days of the date upon which the plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void.

Copies of recorded plat submitted to the Village. The applicant shall provide the Village Clerk with three paper copies printed full size and a digital copy in .pdf format on a CD or other acceptable device of the fully endorsed and recorded final plat within 30 calendar days of approval and signature by the Planning Board Chair. If the required paper and digital copies of the recorded final plat map(s) have not been submitted within the designated 30 calendar days, the Code Enforcement Officer will not review or issue a building permit until the Village has received the appropriate copies of the recorded final subdivision plat map(s).

Plat void if altered after approval. No changes, erasures, modifications, or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless the plat is first resubmitted to the Planning Board and the Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.

§ 215-63 Modification of design improvements.

If, at any time during the construction of required improvements, it is demonstrated to the satisfaction of the Code Enforcement Officer that unforeseen conditions make it necessary to modify the location or design of the required improvements, the Code Enforcement Officer may, upon approval by the Planning Board Chair, authorize modifications, provided that 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 Code Enforcement Officer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.

§ 215-64 Inspection of improvements.

Inspection fee. At least five business days prior to commencing construction of required improvements, an applicant shall pay to the Village Clerk the inspection fee required by the Village and shall notify the Code Enforcement Officer, in writing, of the time when the applicant proposes to commence construction of the improvements, so that the Code Enforcement Officer may cause inspection to be made to assure that all Village specifications and requirements shall be met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities required by the Planning Board.

Proper installation of improvements. No certificate of occupancy shall be issued until all improvements shown on the final approved subdivision plat are installed. If the chosen Village Engineer finds, upon inspection of the improvements performed before the expiration date of a performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the applicant, the engineer shall so report to the Code Enforcement Officer and Planning Board. The Village then shall notify the applicant and, if necessary, the bonding company, and take all necessary steps to preserve the Village's rights under the bond.

Underground utilities map. The required improvements shall not be considered to be completed until the installation of the improvements has been approved by a licensed engineer or surveyor and a map satisfactory to the Code Enforcement Officer has been submitted indicating the location of monuments marking all underground utilities as actually installed.

§ 215-65 Public streets and recreation areas.

Public acceptance of roads. 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 road, easement, or other open space shown on the subdivision plat.

Ownership and maintenance of recreation areas. When a park, playground, or other recreation area has been shown on a subdivision plat, approval of the plat shall not constitute an acceptance by the Village of the recreation area. The Planning Board shall require the plat or licensed survey map to be endorsed with approved and appropriate restrictions and disclaimers 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.

§ 215-66 Cluster subdivisions.

Purpose. The Village Board of the Village of Weedsport finds that the topography and environmental sensitivities of certain parcels in the Village do not lend themselves to the conventional development as designated by their current zoning. Therefore, the purpose of this section is to enable and encourage flexibility of design in housing and the development of land in such manner as to permit the most appropriate use of land, to preserve the natural, scenic and ecological qualities of environmentally sensitive areas and to provide larger areas of open space, both for recreation and for environmental conservation purposes pursuant to the provisions of New York State Village Law Article 7, § 7-738.

Objectives. Among the objectives which should be achieved through the use of clustered housing are the following:

The creative use of land so as to establish a more desirable living environment than would be possible through the strict application of certain Village zoning standards.

The preservation of surface water, wetlands, steep slopes, hilltops, ridgelines, major stands of trees, outstanding natural topography and glaciated features. Other areas to be preserved include areas of scenic and ecological values, including open spaces and other environmentally sensitive areas.

To prevent soil erosion, minimize negative environmental impacts and control development in flood hazard areas.

To encourage innovation through flexibility in design and layout of residential housing consistent with the intent of this article by permitting housing units to be clustered without increasing overall site density.

To permit housing developments that reflect the legislative intent of New York State Village Law Article 7, § 7-738.

To create housing development that is in harmony with the character of the area and the environmental sensitivities of the site.

Statutory authority and conditions. In accordance with New York State Village Law Article 7, § 7-738, the Village Board authorizes the Planning Board to approve cluster subdivisions simultaneously with the approval of a plat or plats in the Agricultural (A), Low-Density Residential (LR), and Medium-Density Residential (MR) Zoning Districts of the Village of Weedsport; and to grant variations to the dimensional standards (area) of the Zoning Law, concurrent with the approval of plats for cluster subdivision subject to the conditions set forth in New York State Village Law Article 7, § 7-738. The Planning Board is also authorized, at its discretion, to require the owner to submit an application for cluster subdivision subject to criteria established by this article whether or not the owner makes application for a cluster subdivision project.

Conditions.

A cluster subdivision shall result in a permitted number of building lots or 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 the zoning regulations applicable to the district or districts in which such land is situated and conforming to all other applicable requirements; provided, however, that where the plat falls within two or more contiguous districts, the Planning Board may approve a cluster subdivision representing the cumulative density as derived from the summing of all units allowed in all such districts, and may authorize actual construction to take place in all or any portion of one or more of such districts:

Project density shall be based only upon the amount of usable land which is available for development. In computing the usable or developable land any land situated in a flood hazard area; having slopes in excess of 20%; officially designated freshwater wetlands; lands occupied by public utilities, structures, drainage control areas or rights-of-way; or otherwise unsuitable for development shall not be considered part of the gross area.

The Planning Board as a condition of plat approval may establish such conditions on the ownership, use, and maintenance of such open lands shown on the plat as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands. The Village Board may require that such conditions shall be approved by the Village Board before the plat may be approved for filing.

The plat showing the cluster subdivision shall include, in addition to information identified during a preapplication conference in accordance with § 215-53 and § 215-56, the areas within which structures may be located; the height and spacing of buildings; open spaces and their landscaping; off-street open and enclosed parking spaces; streets and driveways; and any other features required by the Planning Board. The dwelling units permitted may, at the discretion of the Planning Board, be in detached, semiattached, or attached structures.

Maintenance of open lands:

Intent. Open spaces are an inherent part of cluster subdivisions, therefore the Village must take special measures for the protection and regulation of these areas and to provide for a system of their permanent maintenance.

Submission requirements. At the preliminary plat stage, the developer shall submit a detailed proposal for maintenance of common lands and/or open spaces. The Planning Board may approve or approve with conditions any plans for maintenance of common areas and/or open spaces. Any conditions imposed for maintenance of open space and/or common lands shall become part of the conditions for final plat approval.

Dedication of lands. If the open spaces are to be offered for dedication to the Village, the Planning Board shall refer such offers and related details to the Village Board for the necessary action prior to final plat approval.

Property owners' association. If open spaces are not to be dedicated to the Village, the applicant must create a property owners' association and receive approval of the Office of the New York State Attorney General pursuant to state law.

Alternative means of maintenance of open lands. The following methods will be considered alternate means to maintain open spaces:

In the case of single ownership of the cluster subdivision by a sole owner, partnership, corporation or other legal means, deed restrictions protecting open spaces from further development may be submitted to the Village Attorney for review and to the Village Board for acceptance.

Any alternative methods for protection and preservation of open lands and common areas shall be submitted at the preliminary plat stage to the Planning Board for review and subsequent approval by the Village Board. All alternate proposals shall be submitted to the Village Attorney for review and comment. The Planning Board or Village Board may require any additional information it deems necessary to conduct an adequate review of the alternate proposals.

Review procedure. The review, approval process, and information requirements for a cluster subdivision shall be conducted pursuant to the major subdivision process procedures in § 215-56 through § 215-62 hereof:

Notice and public hearing. The proposed cluster subdivision shall be subject to review at a public hearing or hearings held pursuant to the requirements for major subdivision approval as set forth in § 215-56 through § 215-62 hereof.

Filing of plat. The filing of an approved cluster subdivision plat shall be in accordance with § 215-62 hereof.

Effect. The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in the Village of Weedsport Zoning Law or any local law applicable to such lands.

§ 215-67 General requirements and design standards.

In considering applications for subdivision of land, the Planning Board shall be guided by the following principles and the standards set forth in § 215-67, Subsection B through M hereof. These standards shall be considered minimum requirements and shall be waived by the Planning Board only under circumstances set forth in § 215-68 hereof. In addition, the following criterion shall be followed:

Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace.

Conformity with the Village of Weedsport Official Map and Comprehensive Plan. Subdivisions shall conform to the Official Map of the Village of Weedsport and shall be in harmony with the Village of Weedsport Comprehensive Plan.

Specifications for required road improvements. All required improvements shall be constructed or installed to conform to the Village of Weedsport Highway and Drainage Standards. Further specifications and consultation may be obtained from the Village Highway Superintendent.

Road considerations:

Statement of acceptance. All roads that are to be dedicated as public roads must comply with the standards set forth in this document. All access roads that are not to be dedicated as public roads must comply with the New York State Village Law, Article 7, § 7-734 and § 7-736. Roads will be accepted only if they are free and clear of all liens, encumbrances, easements, and rights-of-way. A written statement of acceptance must be filed by the Village Highway Superintendent and the Village Attorney before any road shall be accepted by the Village Board. New curb cuts (driveway or roadway openings) onto all county routes shall be reviewed by the Cayuga County Highway Superintendent and approved prior to installation and approval for acceptance by the Village.

Width, location, and construction. Roads shall be sufficiently wide, suitably located, and adequately constructed to conform to the Village of Weedsport Official Map and to accommodate the prospective traffic and afford access for firefighting, snow removal, and other road maintenance equipment. The arrangement of roads shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system.

Arrangement of roads. The arrangement of roads in a 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 lines, and drainage facilities. Subdivisions containing 20 lots or more shall have at least two street connections with existing public streets, or streets shown on the Official Map, if such exist, or streets on an approved subdivision plat for which a bond has been filed. Where, in the determination of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified. 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.

Minor roads. Minor roads shall be laid out so that their use by through traffic will be discouraged.

Loop residential roads and circle drives. The creation of loop residential roads will be encouraged wherever the Planning Board finds that such roads are needed or desirable. Circle drives create problems for snow plowing and are discouraged.

Dimensions of blocks. 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 footpath be included.

Road design. All roads shall be designed and constructed in accordance with the Village of Weedsport Highway and Drainage Standards.

Further road improvements, including hydrants and lighting. Roads may require curbs and gutters, sidewalks, storm drainage facilities, water mains, sewers, street lights and signs, street trees and fire hydrants, except where waivers may be requested, and the Planning Board may waive, subject to appropriate conditions and in consultation with the Village Highway Superintendent or an engineer designated to the project by the Village, such improvements as it considers may be omitted without jeopardy to the public health, safety and general welfare:

Fire hydrants shall conform to all requirements of standard thread and nut as specified by the New York Fire Insurance Rating Organization and the Division of Fire Safety of the State of New York and the Village of Weedsport specifications or laws for public water service.

Lighting facilities shall be in conformance with the requirements of § 215-69 of this chapter. Such lighting standards and fixtures shall be installed after approval by the appropriate power company and the authorized Village representative designated as an electrical inspector.

Utilities. The Planning Board shall require that utilities be placed in the road right-of-way between the paved roadway and road line to simplify location and repair of lines when they require attention. The applicant shall install service connections to the property line of each lot within the subdivision for such required utilities before the road is paved. Where topography is such as to make impractical the inclusion of utilities within the road rights-of-way, perpetual unobstructed easements at least 20 feet in width shall be otherwise provided with satisfactory access to the road. 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.

Watercourses. Where a watercourse separates a proposed road 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 Highway Superintendent or an engineer designated to the project by the Village. 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 Highway Superintendent or an engineer designated to the project by the Village, which in no case shall be less than 20 feet in width.

Service roads. Paved rear service roads of not less than 20 feet in width, or in lieu thereof adequate off-road loading space, surfaced with a suitable, dust-free material, shall be provided in connection with lots designed for commercial use.

Road names. All road names shown on a preliminary plat or subdivision plat shall be approved by the Planning Board. In general, roads shall have names and not numbers or letters. Proposed road names shall be substantially different so as not to be confused in sound or spelling with present names in this or nearby municipalities, except that roads that join or are in alignment with roads of an abutting or neighboring property shall bear the same name. Generally, no road should change direction sharply or at a corner without a change in name. Before any road name is approved by the Village, the Village shall provide the proposed name to the Cayuga County 911 GIS Coordinator so that it can be checked against the list of names within the existing county database to ensure that there will be no confusion as to the unique identity and location of the proposed road name within the Village and nearby municipalities.

Considerations for lots:

Lots shall be buildable. The lot arrangement shall be such that in constructing a building in compliance with the zoning regulations, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots approved in a subdivision cannot be further divided.

Side lines. All side lines of lots shall be at right angles to straight road lines and radial to curved road lines, unless a variance from this rule will give a better road or lot plan.

Corner lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site, and to avoid obstruction of free visibility at the roadway intersection.

Driveway access. Driveway access and grades shall conform to the Village of Weedsport Highway and Drainage Standards; and shall be approved by the Village Highway Superintendent or an Engineer designated to the project by the Village.

Access from private roads. Access from private roads shall be deemed acceptable only if such roads are designed and improved in accordance with these regulations.

Monuments and lot corner markers. Monuments and lot corner markers shall be permanent monuments meeting specifications approved by the Village Board as to size, type and installation; they shall be set at such block corners, angle points, points of curves in streets and other points as the Village Highway Superintendent or an engineer designated to the project by the Village may require; and their location shall be shown on the subdivision plat.

Drainage improvements:

Drainage design standards. All subdivisions shall provide drainage improvements designed in accordance with the Village of Weedsport Highway and Drainage Standards.

Stormwater runoff. All subdivisions are subject to all New York State and local laws governing stormwater runoff.

Land subject to flooding. Land subject to flooding shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, 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 the hazardous conditions.

Parks, open spaces, and natural features:

Open space to be shown on plat. Where a proposed park, playground, or open space shown on the Official Map is located in whole or in part in a subdivision, the Planning Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in § 215-55, Subsection C, and § 215-56, Subsection C, hereof. Such area or areas may be dedicated to the own by the applicant if the Village Board approves such dedication.

Parks and playgrounds not shown on Village plans. The Planning Board shall require that a 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 recreation areas shown on the plat. A guideline the Planning Board may utilize for recreational space is to require that not less than 0.04 acres, or 1,742 square feet, of recreational space be provided for every dwelling unit shown on the plat. Such area or areas may be dedicated to the Village by the applicant if the Village Board approves such dedication.

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 applicant shall, prior to final approval, submit to the Planning Board at least nine copies printed full size, one copy printed on eleven-inch-by-seventeen-inch paper, and one digital copy in pdf format on a CD or other acceptable device, showing, at a scale not smaller than 1:300, such area and the following features thereof:

The boundaries of the area, giving metes and bounds of all straight lines, radii, lengths, central angles and tangent distances of all curves.

Existing features such as brooks, ponds, clusters of trees, rock outcrops and structures.

Existing, and, if applicable, proposed changes in grade and contours of the area and of areas immediately adjacent.

Reserve strips. Reserve strips of land which might be used to control access from a proposed subdivision to any neighboring property, or to any land within the subdivision itself, shall be prohibited.

Preservation of natural features. Wherever practical, natural features of the property being subdivided shall be preserved:

To the fullest extent practicable, all existing trees and shrubbery shall be preserved by the applicant. The subdivision should be designed with consideration being given to the preservation of natural features. Precautions shall be taken during the process of grading the lots and roads.

Where any land other than that included in public rights-of-way is to be dedicated to the public use, the developer shall not remove any trees from the site without written Village Planning Board approval.

Where a subdivision is traversed by natural surface water, the boundaries and alignment of the body of water shall be preserved unless the Planning Board finds that a change would be ecologically sound and would enhance the development and beauty of the project. All proposed changes in the boundaries of bodies of water shall be designed and approved in accordance with Article 15 of the New York State Environmental Conservation Law.