Any subdivider who proposes to develop a subdivision in the Village
of Ellenville shall submit plats and documents and comply with the regulations
regarding the posting of bonds and the construction of improvements and utilities
as provided in this Article.
One original drawing and three black-and-white prints of all required
plans, plats or surveys and four copies of all other supplementary documents
and written applications shall be filed with the Building Inspector.
All original drawings shall be submitted on sheets of tracing cloth
20 inches by 40 inches or 20 inches by 20 inches. Horizontal scales of one
inch equals no more than 100 feet and vertical scales of one inch equals no
more than 20 feet shall be used. When more than one sheet is required to show
the plat within the prescribed scale, an index sheet of the same size shall
be submitted showing the entire proposed subdivision with lot and block numbers
clearly legible, at a scale of one inch equals no more than 400 feet.
All submissions shall bear the following information: the proposed subdivision
name, identifying title, the words "Village of Ellenville, Ulster County,
New York," the date of submission or survey and the name and address of the
record owner or subdivider. Names, addresses and seals of engineers, planners
or surveyors engaged to prepare drawings, North arrows and graphic scales
shall appear.
Space shall be provided on all submissions for required endorsements
by appropriate agencies.
All elevations, as required, shall be based on a datum plane established
by the Village Engineer.
A.
The sketch plan may be a freehand sketch made directly
on a print of the topographic survey of the proposed subdivision area. It
shall show, in simple sketch form, the relationship between existing physical
conditions and the proposed layout of streets, lots and other features and
all topographic data required for the preliminary layout; or such of these
data as the Planning Commission considers necessary for its review of the
sketch plan.
B.
The location map shall show the relationship of the proposed
subdivision to existing community facilities which serve it. It shall include
main traffic arteries.
C.
General subdivision information shall describe or outline
the existing conditions of the site and the proposed development wherever
necessary to explain and supplement the sketch plan and location map. This
information should include existing data on covenants, land characteristics,
available community facilities and utilities and data as to the proposed number
of residential lots, typical lot width and depth, price range, business areas,
playgrounds, parks and other public areas, protective covenants, utilities
and street improvements.
A.
The preliminary layout shall show both the existing topographic
data and proposed conditions as follows:
(1)
Existing topographic data (required):
(a)
Boundary lines: bearings and distances.
(b)
Easements: location, width, identification and purpose.
(c)
Streets on and adjacent to the tract: name, width of
right-of-way and location; type, width and elevation of surfacing; any legally
established center-line elevations; walks, curbs, gutters, culverts, etc.
(d)
Utilities on and adjacent to the tract: location of septic
tanks; location, direction of flow, size and invert elevation of sanitary
sewers, storm sewers, water mains and gas lines (If water mains and sewers
are not on or adjacent to the tract, indicate the direction and distance to
and size of nearest ones and invert elevations.); location of fire hydrants
and utility poles.
(e)
Ground elevations on the tract: For land that slopes
less than approximately 2%, show spot elevations at all breaks in grade, along
all drainage channels or swales and other necessary points. For land that
slopes regularly more than 2% show contours at five-foot intervals, if such
information is sufficient for planning purposes, or show contours at two-foot
intervals, if necessary because of irregularly sloped land or need for more
detailed data for preparing plans and construction drawings.
(f)
Other conditions on the tract: Watercourses, floodplain,
rock outcrop, wooded areas, isolated preservable trees, houses, barns, shacks
and other significant features.
(g)
Other conditions on adjacent land: Approximate direction
and gradient of ground slope, including any embankments or retaining walls;
character and location of buildings, power lines, towers and other nearby
nonresidential land uses or adverse influences; and the approximate percentage
of area build-up, typical lot sizes and dwelling types.
(h)
Title and certificates: Present tract designation according
to official records in the office of the County Clerk; block and lot numbers
before subdivision, as shown on the latest municipal maps; title under which
proposed subdivision is to be recorded, with names and addresses of owners,
notation stating acreage, datum, benchmarks, certification of registered civil
engineer or surveyor and date of survey.
(2)
Existing topographic data (at the discretion of the Planning
Commission):
(a)
Subsurface conditions on the tract: Location and results
of tests made to ascertain subsurface soil, rock and groundwater conditions;
depth to groundwater unless test pits are dry at a depth of five feet; location
and results of soil percolation tests if individual sewage disposal systems
are proposed.
(b)
Photographs: Camera location, directions of views and
key numbers.
(3)
Proposed site improvements:
(a)
Streets: Names, right-of-way and roadway widths, approximate
grades and gradients, similar data for alleys, if any.
(b)
Other rights-of-way or easements: Location, width and
purpose.
(c)
Location of utilities (if not shown on other exhibits).
(d)
Lot lines, lot areas, lot numbers and block numbers.
(e)
Sites, if any, to be reserved or dedicated for parks,
playgrounds or other public uses.
(f)
Sites, if any, for multifamily dwellings, shopping centers,
churches, industry or other nonpublic uses, exclusive of single-family dwellings.
(g)
Minimum building setback lines.
(h)
Site data, including number of residential lots, typical
lot size, park acreage, etc.
(i)
Approximate location, size, grades and profiles of all
proposed waterlines and sewer lines. Indicate connections with existing lines,
location of valves, hydrants, manholes and drop inlets.
(j)
Approximate grading plan if natural contours are to be
changed more than two feet.
B.
A vicinity map, drawn at a scale of one inch equals not
more than 400 feet showing the relation of the proposed subdivision to the
adjacent properties and to the general surrounding area, shall indicate:
(1)
All existing subdivisions and tract lines of acreage
parcels, together with the names of the record owners of adjacent parcels,
platted and unplatted land, namely, those directly abutting or directly across
any and all streets adjoining the proposed subdivision. Platted land shall
be referred to by name, recordation date and subdivision number.
(2)
Highways or other major improvements planned by public
authorities for future construction on or near the tract.
(3)
The boundaries and designations of zoning districts affecting
the tract.
(4)
An outline of the platted area, together with its street
system. If the preliminary layout submitted covers only a part of the subdivider's
entire holding, an indication of the future probable street and drainage system
of the remaining portion of the tract.
C.
Deed description and survey map of tract boundaries made
and certified by a licensed land surveyor.
D.
Other preliminary plans may be required by the Planning
Commission including the following:
A.
The final plat shall show the following:
(1)
Primary control points, approved by the Village Engineer,
with descriptions and ties to such control points. All dimensions, angles,
bearings and similar data on the plat shall be shown.
(2)
Tract boundary lines, street right-of-way lines, easement
and other right-of-way lines and property lines of residential lots and other
sites. Accurate dimensions, bearings, deflection angles and radii, arcs and
central angles of all curves shall be shown.
(3)
Name and right-of-way width of each street or other right-of-way.
(4)
Location to identify each lot or site, lot areas in square
feet or a statement by the surveyor or engineer that all lots meet area requirements.
(5)
Location, dimensions and purpose of easements.
(6)
Designation of purpose of all areas to be dedicated or
reserved for public use for which deeds of cession are included and any other
spaces which are not to be dedicated.
(7)
Proposed street names, block, lot and section numbers
in sequence as directed by the Village Assessor.
(8)
Minimum building setback line on all lots and other sites.
(9)
Location and description of monuments.
(10)
Names of record owners of adjoining unplatted land.
(11)
Reference to recorded subdivision plats of adjoining
platted land by record name, date and number.
(12)
Certification by the surveyor or engineer certifying
to the accuracy of the survey and plat.
(13)
Certification of title showing that the applicant is
the owner.
(14)
Statement by the owner dedicating streets, rights-of-way,
sites for public use and easements for public utilities.
(15)
Plans and profiles showing the exact location, size,
type and invert elevations of existing and proposed water mains, sanitary
sewers and storm water drains; profiles of all utility lines at points of
interference; and the location of fire hydrants and all gas or other underground
utilities or structures.
(16)
The location and type of the following improvements:
street paving, sidewalks, curbs and private sewage disposal systems.
(17)
Grading plan showing present and proposed contours at
two-foot intervals.
(18)
Sufficient data acceptable to the Village Engineer to
determine readily the location, bearing and length of every street line, lot
line and boundary line in order to reproduce such lines upon the ground. Where
practicable, these should be referenced to monuments included in the state
system of plane coordinates and, in any event, should be tied to reference
points previously established by public authority.
(19)
For each street, the length of all straight lines and
the deflection angle, radii, central angle, tangent distances and bearings
and length of all curves shall be given.
(20)
All public open spaces for which deeds of cession are
included and those spaces to which title is reserved by the developer.
(21)
All dimensions shall be shown in feet and decimals of
a foot. All angles of the lines of each lot shall be given to the nearest
10 seconds.
B.
Cross sections and profiles of all proposed streets shall
be submitted showing grades approved by the Village Engineer, width of roadways,
type and depth of surfacing and subbase, location, size and type of curbs,
locations and width of sidewalks and the location and size of utility mains.
The profiles shall be drawn to standard scales and elevations along center
lines of streets, showing existing and proposed elevations, and shall be based
on a datum plane approved by the Village Engineer.
(1)
Where a proposed new street intersects an existing street,
the elevations of such existing street shall be shown for 100 feet from each
such intersection.
(2)
All elevations must be referred to established or approved
local benchmarks. Present elevations of all proposed streets shall be shown
at five points on a line at right angles to the center line of the street,
every 100 feet throughout the length of such streets, and said elevation points
shall be at the center line of the street, each property line and at points
25 feet inside of property lines.
C.
A certificate by the Village Engineer shall be submitted
certifying that the subdivider has complied with one of the following alternatives:
(1)
That all public improvements have been installed to the satisfaction of the Village Engineer and any other official or body authorized by law to act and in accordance with requirements specified in § 7-730 of the Village Law and § 200-20 of these regulations and not specifically waived by the Planning Commission as provided in Article V.
D.
Written agreement between the subdivider and the Board
of Trustees tendering cession of all land included in streets, highways, school
sites, parks or public open spaces not specifically reserved by the subdivider.
Also written agreement governing provisions for the cost of grading, development,
equipment and maintenance of any parks, playgrounds or public spaces. Such
agreements shall bear the endorsement of the Village Attorney as to their
legal sufficiency.
E.
Written agreement in accordance with § 200-21A, that public utility companies will make necessary service installations where required by the Planning Commission.
F.
On all plats upon which dwellings for five or more families
are proposed to be constructed, a certificate of approval from the Ulster
County Department of Health shall be submitted regarding proposed water supply
and sewage disposal systems. Copies of such plats shall be sent to said district
office for examination in accordance with the requirements of the Public Health
Law.
G.
Such other certificates, affidavits, endorsements or
approvals as may be required by the Planning Commission shall also be submitted.
A.
Bonds posted by the subdivider in compliance with § 200-18C shall be in an amount determined by the Planning Commission or other appropriate Village departments designated by the Planning Commission to cover the full cost of required public improvements.
(1)
Such performance bonds shall be approved by the Village
Attorney as to form, sufficiency, surety and manner of execution.
(2)
Such performance bonds shall run for a term to be fixed
by the Planning Commission, but in no case for longer than three years. Such
term may be extended by the Planning Commission with the consent of the parties
thereto.
(3)
If the Planning Commission shall decide at any time during
the term of the performance bond that the extent of building development which
has taken place in the subdivision is not sufficient to warrant all the improvements
covered by such performance bond; or improvements have been installed in accordance
with § 7-730 of the Village Law and as required by the Planning
Commission in sufficient amount to warrant reduction in the face amount of
such bond; or the character and extent of such development requires additional
improvements previously waived for a period stated at the time of fixing the
original terms of such bonds, then the Planning Commission may modify its
requirements for any or all such improvements, and the face value of such
performance bond shall thereupon be reduced or increased by an appropriate
amount so that the new face value will cover the cost in full of the amended
list of improvements required by the Planning Commission, and any security
deposited with the bond may be reduced or increased proportionately.
(4)
In the event that any improvements have not been installed
as required by the Planning Commission within the term of such performance
bond, the Board of Trustees may thereupon declare such bond to be in default
and collect the sum remaining payable thereunder. On receipt of the proceeds
thereof, the Village shall install the improvements covered by such bond which
are commensurate with the extent of building development that has taken place
in the subdivision, but not exceeding in cost the amount of such proceeds.
(5)
If the Planning Commission or an appropriate Village
officer appointed by it finds, upon inspection, that any of the required improvements
have not been constructed in accordance with the plans and conditions approved
and specified by the Planning Commission, then the subdivider and the bonding
company (if any) shall be severally and jointly liable for the costs of completing
said improvements originally specified by the Planning Commission.
(6)
Such performance bonds shall be released to the subdivider
only upon certification by the Village Board of Trustees that all required
improvements have been satisfactorily completed.
B.
The subdivider shall also post with the Village Clerk
a bond in an amount determined by the Planning Commission to be adequate to
assure the satisfactory condition of all required improvements for a period
of one calendar year next following the date of certification of satisfactory
completion, installation or construction of such improvements.
C.
A bond in an amount sufficient to guarantee the proper
grading of the property and the respreading of the topsoil shall be posted
before issuance of a certificate of occupancy.
In making determinations regarding the necessity and extent of the installation
of such public improvements, the Planning Commission shall take into consideration
the prospective character and uses in the proposed subdivision, whether dense
residential, open residential, business or industrial.
A.
The Planning Commission shall require the installation of the following public improvements in accordance with Village law unless it shall specifically waive any such improvements as provided in § 200-30:
B.
All improvements, as required, shall be installed in
accordance with standards, specifications and procedures acceptable to the
appropriate Village departments or as provided in these regulations.
C.
Unless a bond is posted in accordance with § 200-19, all improvements, as required, shall have been completed, installed or constructed and so certified before approval of the final plat shall be granted and before any building permits or certificates of occupancy shall be issued in accordance with §§ 200-8 and 200-9.
A.
When public utility facilities are to be installed, the
subdivider shall submit to the Planning Commission written assurance from
each public utility company that such company will make the necessary service
installations within reasonable time after acceptance of the streets by the
Village.
B.
The final plat shall show statements by the owner granting
the necessary easements or other releases for installation of required public
utilities.
