[HISTORY: Adopted by the Board of Trustees of the Village of Oxford 11-11-1969.
Amendments noted where applicable.]
A.
By the authority of the resolution of the Village Board
of the Village of Oxford, New York, adopted on September 10, 1966, pursuant
to the provisions of Chapter 64 of the Village Law of the State of New York,[1]. the Planning Board of the Village of Oxford, New York, is authorized
and empowered to approve plats showing lots, blocks or sites, with or without
streets or highways; to approve the development of entirely or partially undeveloped
plats already filed in the office of the Clerk of the county; and to conditionally
approve preliminary plats, within the Village of Oxford.
[1]
Editor's Note: This law was repealed 6-8-1972 by Chapter 892
of the Laws of 1972. See now New York State Village Law § 1-100
et seq.
B.
It is declared to be the policy of the Planning Board
to consider land subdivision plats as part of a plan for the orderly, efficient
and economical development of the village. This means, among other things,
that the site 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 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 and shall
be properly related to the proposals shown on the Master Plan and shall be
of such width, grade and location as to accommodate the prospective traffic,
to facilitate fire protection and to provide access of fire-fighting equipment
to buildings; and that proper provision shall be made for open spaces for
parks and playgrounds.
C.
In order that land subdivisions may be made in accordance
with this policy, this chapter, which shall be known as and which may be cited
as the "Village of Oxford Subdivision Regulations," have been approved by
the Village Board on November 11, 1969, and adopted by the Village Planning
Board on November 11, 1969.
For the purpose of this chapter, certain words and terms used herein
are defined as follows:
A street which serves or is designed to serve as a traffic way for
a neighborhood or as a feeder to a major street.
A street or a portion of a street with only one (1) vehicular traffic
outlet and having a turning loop or similar arrangement at the closed end.
Authorization by a property owner for the use by another, and for
a specified purpose, of any designated part of his property.
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.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five (5) or more lots, or any size subdivision
requiring any new street or extension of municipal facilities.
A comprehensive plan, prepared by the Planning Board pursuant to
§ 179-gg of the Village Law,[1] which indicates the general locations recommended for various
functional classes of public works, places and structures and for general
physical development of the village and includes any unit or part of such
plan separately prepared and any amendment to such plan or parts therein.
A street intended to serve primarily as an access to abutting properties.
Any subdivision containing not more than four (4) lots fronting on
an existing street, not involving any new street or road or the extension
of municipal facilities and not adversely affecting the development of the
remainder of the parcel or adjoining property and not in conflict with any
provision or portion of the Master Plan, Official Map, Zoning Ordinance or
this chapter.
The map established by the Village Board of Trustees pursuant to
Section 179-e of the Village Law,[2] showing streets, highways and parks and drainage, both existing
and proposed.
The Planning Board of the village.
A drawing or drawings clearly marked "Preliminary Plat," showing the salient features of a proposed subdivision, as specified in § 252-5C of this chapter, submitted to the Planning Board for 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.
A sketch of a proposed subdivision showing the information specified in § 252-5A of this chapter to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of this chapter.
Includes streets, roads, avenues, lanes or other traffic ways, between
right-of-way lines.
The wearing or exposed surface of the roadway used by vehicular traffic.
The width of right-of-way, measured at right angles to the center
line of the street.
Any person, firm, corporation, partnership or association who shall
lay out any subdivision or part thereof as defined herein, either for himself
or others.
The division of any parcel of land into two (2) or more lots, blocks
or sites, with or without streets or highways, and includes resubdivision.
A drawing, in final form, showing a proposed subdivision containing
all information or detail required by law and by this chapter 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 or Registrar.
A duly designated engineer of the village.
Whenever any subdivision of land is proposed to be made, and before
any contract for the sale of or any offer to sell any lots in such subdivision
or any part thereof is made, and before any permit for the erection of a structure
in such proposed subdivision shall be granted, the subdivider or his duly
authorized agent shall apply in writing for approval of such proposed subdivision
in accordance with the following procedures.
A.
Sketch plan.
(1)
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board, at least ten (10) days prior to the regular meeting of the Board, two (2) copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 252-5A, for the purposes of classification and preliminary discussion.
(2)
Discussion of requirements and classification.
(a)
The subdivider, or his duly authorized representative,
shall attend the meeting of the Planning Board to discuss the requirements
of this chapter for street improvements, drainage, sewerage, water supply,
fire protection and similar aspects, as well as the availability of existing
services and other pertinent information.
(b)
A determination is to be made at this time by the Planning Board as to whether the proposed subdivision is a minor or major subdivision as defined in this chapter. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with some or all of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 252-3B of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in § 252-3C, D and E.
(3)
Study of sketch plan. The Planning Board shall determine
whether the sketch plan meets the purposes of this chapter and shall, where
it deems it necessary, make specific recommendations, in writing, to be incorporated
by the applicant in the next submission to the Planning Board.
B.
Approval of minor subdivision.
(1)
Application and fee.
(a)
Within six (6) months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a minor subdivision plat. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § 252-5B. Failure to comply with any of the above will require resubmission of the sketch plan to the Planning Board for reconsideration.
(b)
All applications for plat approval for minor subdivisions
shall be accompanied by a fee of fifteen dollars ($15.).
(2)
Number of copies. Three (3) copies of the minor subdivision
plat shall be presented to the Secretary of the Planning Board at least ten
(10) days prior to a scheduled monthly meeting of the Planning Board.
(3)
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of the Planning
Board to discuss the minor subdivision plat.
(4)
When officially submitted. The time of submission of the minor subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least ten (10) days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by § 252-5B of this chapter, has been filed with the Secretary of the Planning Board.
(5)
Public hearing. A public hearing shall be held by the
Planning Board within thirty (30) days from the time of submission of the
minor subdivision plat for approval. Said hearing shall be advertised in a
newspaper of general circulation in the village at least five (5) days before
such hearing.
(6)
Action on minor subdivision plat. The Planning Board
shall, within forty-five (45) days from the date of the public hearing, approve,
modify and approve, or disapprove the minor subdivision plat.
C.
Preliminary plat for major subdivision.
(1)
Application and fee.
(a)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in § 252-5C hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of Sections 179-k, 179-l and 179-m of the Village Law[1] and § 252-5C of this chapter, except where a waiver may be specifically authorized by the Planning Board.
[1]
Editor's Note: Sections 179-k, 179-l and 179-m of the Village
Law were repealed by L. 1972, c.892, § 1. See now Village Law §§ 7-728,
7-730 and 7-732, respectively.
(b)
The application for conditional approval of the preliminary
plat shall be accompanied by a fee of twenty-five dollars ($25.), plus one
dollar ($1.) per lot for each lot in the proposed subdivision.
(2)
Number of copies. Three (3) copies of the preliminary
plat shall be presented to the Secretary of the Planning Board at least ten
(10) days prior to a regular monthly meeting of the Planning Board.
(3)
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of the Planning
Board to discuss the preliminary plat.
(4)
Study of preliminary plat. The Planning Board shall study
the 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
size and arrangement, the future development of adjoining lands as yet unsubdivided
and the requirements of the Master Plan, the Official Map and Zoning Regulations.
(5)
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least ten (10) days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 252-5C of this chapter, has been filed with the Secretary of the Planning Board.
(6)
Conditional approval of the preliminary plat.
(a)
Within forty-five (45) days after the time of submission
of a preliminary plat, the Planning Board shall take action to conditionally
approve, with or without modifications, or disapprove such preliminary plat,
and the basis of any modification required or the basis for disapproval shall
be stated upon the records of the Planning Board. Failure of the Planning
Board to act within such forty-five-day period shall constitute a conditional
approval of the preliminary plat.
(b)
When granting conditional approval to a preliminary plat,
the Planning Board shall state the conditions of such approval, if any, with
respect to:
[1]
The specific changes which it will require in the preliminary
plat.
[2]
The character and extent of the required improvements
for which waivers may have been requested and which in its opinion may be
waived without jeopardy to the public health, safety, morals and general welfare.
[3]
The amount of improvement or the amount of all bonds
therefore which it will require as prerequisite to the approval of the subdivision
plat.
(c)
The action of the Planning Board, plus any conditions
attached thereto, shall be noted on three (3) copies of the preliminary plat.
One (1) copy shall be returned to the subdivider, one (1) retained by the
Planning Board and one (1) forwarded to the Village Board. Conditional approval
of a preliminary plat shall not constitute approval of the subdivision plat,
but rather it shall be deemed an expression of approval of the design submitted
on the preliminary plat as a guide to the preparation of the plat, which will
be submitted for approval of the Planning Board and for recording upon fulfillment
of the requirements of this chapter and the conditions of the conditional
approval, if any. Prior to approval of the subdivision plat, the Planning
Board may require additional changes as a result of further study of the subdivision
in final form or as a result of new information obtained at the public hearing.
D.
Plat for major subdivision.
(1)
Application for approval and fee. The subdivider shall,
within six (6) months after the conditional approval of the preliminary plat,
file with the Planning Board an application for approval of the subdivision
plat in final form, using the approved application blank available from the
Secretary of the Planning Board. All applications for plat approval for major
subdivisions shall be accompanied by a fee of twenty-five dollars ($25.) plus
five dollars ($5.) per lot. If the final plat is not submitted within six
(6) months after the conditional approval of the preliminary plat, the Planning
Board may require resubmission of the preliminary and final plats.
(2)
Number of copies. A subdivider intending to submit a
proposed subdivision plat for the approval of the Planning Board shall provide
the Secretary of the Board with a copy of the application and three (3) copies
[one (1) copy in ink on linen] of the plat, the original and one (1) true
copy of all offers of cession, covenants and agreements and two (2) prints
of all construction drawings, at least ten (10) days in advance of the regular
monthly Planning Board meeting at which it is to be officially submitted.
(3)
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least ten (10) days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § 252-5D of this chapter, has been filed with the Secretary of the Planning Board. In addition, if the applicant elects to construct any or all required improvements [as specified in § 252-3E(1)(b)], a Village Engineer must file a certificate with the Planning Board stating that these improvements have been satisfactorily installed before the subdivision plat shall be considered officially submitted.
(4)
Endorsement of state and county agencies. Water and sewer
facility proposals contained in the subdivision plat shall be properly endorsed
and approved by a Village Engineer and the State Department of Health. Applications
for approval of plans for sewer or water facilities will be filed by the subdivider
with all necessary village, county and state agencies. Endorsement and approval
by the State Department of Health shall be secured by the subdivider before
official submission of the subdivision plat.
(5)
Public hearing. A public hearing shall be held by the
Planning Board within thirty (30) days after the time of submission of the
subdivision plat for approval. This hearing shall be advertised in a newspaper
of general circulation in the village at least five (5) days before such hearing.
(6)
Action on proposed subdivision plat. The Planning Board shall, within forty-five (45) days from the date of the public hearing on the subdivision plat, approve, modify and approve, or disapprove the subdivision plat. However, the subdivision plat shall not be signed by the authorized officers of the Planning Board for recording until the subdivider has complied with the provisions of § 252-3E of this chapter.
E.
Required improvements.
(1)
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection E(1)(a) or E(1)(b) below:
(a)
In an amount set by the Planning Board, the subdivider
shall either file with the Village Clerk a certified check to cover the full
cost of the required improvements, or the subdivider 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 Section 179-o of the Village
Law[2] and shall be satisfactory to the Village Board and Village Engineer
as to form, sufficiency, manner of execution and surety. A period of one (1)
year [or such other period as the Planning Board may determine appropriate,
not to exceed three (3) years] shall be set forth in the bond within which
required improvements must be completed.
[2]
Editor's Note: Section 179-o of the Village Law was repealed
by L. 1972, c.892, § 1. See now Village Law § 7-736.
(b)
The subdivider shall complete all required improvements
to the satisfaction of the Village Engineer, who shall file with the Planning
Board a letter signifying the satisfactory completion of all improvements
required by the Board. For any required improvements not so completed, the
subdivider shall file with the Village Clerk a bond or certified check covering
the costs of such improvements and the cost of satisfactorily installing any
improvement not approved by the Village Engineer. Any such bond shall be satisfactory
to the Village Board and Village Engineer as to form, sufficiency, manner
of execution and surety.
(c)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Village Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection E(1)(b), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection E(1)(a), such bond shall not be released until such a map is submitted.
(2)
Modification of design of improvements. If at any time
before or during the construction of the required improvements it is demonstrated
to the satisfaction of the Village Engineer that unforeseen conditions make
it necessary or preferable to modify the location or design of such required
improvements, a Village Engineer may, upon approval by a previously delegated
member of the Planning Board, authorize modifications, provided that these
modifications are within the spirit and intent of the Planning Board's
approval and do not extend to a waiver or substantial alteration of the function
of any improvements required by the Board. A Village Engineer shall issue
any authorization under this subsection in writing and shall transmit a copy
of such authorization to the Planning Board at its next regular meeting.
(3)
Inspection of improvements. At least five (5) days prior
to commencing construction of required improvements, the subdivider shall
notify the Village Board, in writing, of the time when he proposes to commence
construction of such improvements so that the Village Board may arrange for
inspections 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.
(4)
Proper installation of improvements. If the Village Engineer
finds, upon inspection of the improvements performed before the expiration
date of the performance bond, that any of the required improvements have not
been constructed in accordance with plans and specifications filed by the
subdivider, he shall so report to the Village Board, Building Inspector and
Planning Board. The Village Board then shall notify the subdivider and, if
necessary, the bonding company and take all necessary steps to preserve the
village's rights under the bond. No plat shall be approved by the Planning
Board as long as the subdivider is in default on a previously approved plat.
F.
Filing of approved subdivision plat.
(1)
Final approval and filing. Upon completion of the requirements in Subsections D and E above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within ninety (90) days of the date upon which such plat is approved, or considered approved by reason of the failure of the Planning Board to act, shall become null and void, unless the particular circumstances of said applicant warrant that the Planning Board grant an extension which shall not exceed two (2) additional periods of ninety (90) days.
(2)
Plat void if revised 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 said plat is first resubmitted to the Planning Board and such Board
approves any modifications. In the event that any such subdivision plat is
recorded without complying with this requirement, the same shall be considered
null and void, and the Board shall institute proceedings to have the plat
stricken from the records of the County Clerk.
G.
Public streets; recreation areas.
(1)
Public acceptance of streets. The approval by the Planning
Board of a subdivision plat shall not be deemed to constitute or be evidence
of any acceptance by the village of any street, easement or other open space
shown on such subdivision plat.
(2)
Ownership and maintenance of recreation areas. When a
park, playground or other recreation area shall have been shown on a plat,
the approval of said plat shall not constitute an acceptance by the village
of such area. The Planning Board shall require the plat to be endorsed with
appropriate notes to this effect. The Planning Board may also require the
filing of a written agreement between the applicant and the Village Board
covering future deed and title, dedication and provision for the cost of grading,
development, equipment and maintenance of any such recreation area.
In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in § 252-6 herein.
A.
General.
(1)
Character of land. Land to be subdivided shall be of
such character that it can be used safely for building purposes without danger
to health or peril from fire, flood or other menace.
(2)
Conformity to Official Map and Master Plan. Subdivisions
shall conform to the Official Map of the village and shall be in harmony with
the Master Plan.
(3)
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the village specifications
which may be obtained from the Village Clerk.
B.
Street layout.
(1)
Width, location and construction. Streets shall be of
sufficient width, suitably located and adequately constructed to conform with
the Master Plan and to accommodate the prospective traffic and afford access
for fire fighting, snow removal and other road maintenance equipment. The
arrangement of streets shall be such as to cause no undue hardship to adjoining
properties and shall be coordinated so as to compose a convenient system.
(2)
Arrangement.
(a)
The arrangement of streets in the subdivision shall provide
for the continuation of principal streets of any adjoining subdivision and
for proper projection of principal streets into adjoining properties which
are not yet subdivided, in order to make possible necessary fire protection,
movement of traffic and the construction or extension, presently or when later
required, of needed utilities and public services such as sewers, water and
drainage facilities. Where, in the opinion of the Planning Board, topographic
or other conditions make such continuance undesirable or impracticable, the
above conditions may be modified.
(b)
Subdivisions containing twenty (20) lots or more shall
have at least two (2) street connections with existing public streets, or
streets shown on the Official Map, or streets on an approved subdivision plat
for which a bond has been filed.
(3)
Minor streets. Minor streets shall be so laid out that
their use by through traffic will be discouraged.
(4)
Special treatment along arterial streets. When a subdivision
abuts or contains an existing or proposed arterial street, the Board may require
maximal access streets, reverse frontage with screen planting contained in
a nonaccess reservation along the rear property line, deep lots with rear
service alleys or such other treatment as may be necessary for adequate protection
of residential properties and to afford separation of through and local traffic.
(5)
Provision for future resubdivision. Where a tract is
subdivided into lots substantially larger than the minimum size required in
the zoning district in which a subdivision is located, the Board may require
that streets and lots be laid out so as to permit future resubdivision in
accordance with the requirements contained in this chapter.
(6)
Dead-end streets. The creation of cul-de-sac or loop
residential streets will be encouraged wherever the Board finds that such
type of development will not interfere with normal traffic circulation in
the area. In the case of such streets, where needed or desirable, the Board
may require the reservation of a twenty-foot-wide easement to provide for
continuation of pedestrian traffic and utilities to the next street.
(7)
Block size. Blocks generally shall not be less than four
hundred (400) feet nor more than one thousand two hundred (1,200) feet in
length. In general, no block width shall be less than twice the normal lot
depth. In blocks exceeding eight hundred (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.
(8)
Intersections with collector, major or arterial streets
or roads. Minor or secondary street openings into such roads shall, in general,
be at least five hundred (500) feet apart.
(9)
Street jogs. Street jogs with center-line offsets of
less than one hundred twenty-five (125) feet shall be avoided.
(10)
Angle of intersection. In general, all streets shall
join each other so that, for a distance of at least one hundred (100) feet,
the street is approximately at right angles to the street it joins.
(11)
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of the property,
and all streets shall be arranged so as to obtain as many of the building
sites as possible at or above the grade of the streets. Grades of streets
shall conform as closely as possible to the original topography.
(12)
Other required streets. Where a subdivision borders on
or contains a railroad right-of-way or limited-access right-of-way, the Planning
Board may require a street approximately parallel to such right-of-way, at
a distance suitable for the appropriate use of the intervening land (as for
park purposes in residential districts or for commercial or industrial purposes
in appropriate districts). Such distances shall also be determined with due
regard for the requirements of approach grades and future grade separations.
C.
Street design.
(1)
Widths of rights-of-way and street pavements. Streets
and pavements shall have the following widths. The classification of streets
shall be determined by the Board:
|
Street Classification
|
Minimum Right-of-Way
(feet)
|
Minimum Pavement
(feet)
| |
|---|---|---|---|
|
Major
|
66
|
40
| |
|
Collector
|
60
|
30
| |
|
Local
|
50
|
22
|
(2)
Required street improvements. Not later than ninety (90) days after the granting of final approval, the subdivider shall have installed or shall have furnished adequate bond or other security for the installation within a specified time of the required improvements listed and described in this Subsection C. All of the required improvements shall be made by the subdivider in full compliance with the specifications for each of the various units of work, as required by village, county or state authorities, according to the nature of the improvements.
(a)
Subgrade. All topsoil, muck, quicksand, spongy material
and other objectionable material shall be removed from the area eighteen (18)
feet on each side of the road center line. After it has been properly shaped
to the approved profile, the subgrade should be rolled and compacted. Drainage
ditches at least eighteen (18) inches below the crown of the finished pavement
shall be provided on each side of the road. Fills shall be made with material
approved by a Village Engineer and shall be placed in layers not over six
(6) inches thick, and each layer shall be properly rolled and compacted. No
gravel or stone for the base course is to be placed on the subgrade until
the subgrade is approved by the Village Engineer.
(b)
Base course. The thickness and method of constructing
the base course may vary, depending upon the amount of traffic anticipated,
the type of material used and the condition of the subgrade. A base course
consisting of not less than eight (8) inches of compacted stone or gravel
approved by a Village Engineer shall be installed. All materials and construction
procedures shall be subject to the approval of a Village Engineer and shall
comply with current construction and material specifications of the New York
State Department of Transportation.
(c)
Final course. The final course of the street pavement
shall be as specified by the Village Board.
(3)
Street drainage.
(a)
Street and road culverts, headwalls or other appurtenances
shall be installed by the developer where necessary. Where there is no natural
stream or watercourse for the drainage of surface water from the proposed
street or road, the developer shall secure rights-of-way and construct ditches
or install stormwater drains to a natural waterway or as the Village Engineer
directs. All street storm and sanitary sewers shall be constructed according
to the grades on the plat submitted at the public hearing. Any changes in
grade shall require the approval of the Village Board.
(b)
Driveway culverts shall be not less than twelve (12)
inches in diameter and twenty (20) feet in length and shall be of corrugated
metal or reinforced concrete. Installation is to be approved by a Village
Engineer.
(4)
Utilities in streets.
(a)
The Planning Board shall require that underground utilities
be placed in the street right-of-way between the street pavement and street
right-of-way line wherever possible, to simplify location and repair of lines
when they require attention. The subdivider shall install underground service
connections in the street to the property line of each lot within the subdivision
for such required utilities before the street is paved. Installation of fire
hydrants shall be in conformity with 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.
(b)
Utility poles, if used, shall be located six (6) feet
six (6) inches from the right-of-way line to the center line of said poles
between the sidewalk and curbline.
(5)
Utility easements. Where topography is such as to make
impractical the inclusion of utilities within the street rights-of-way, perpetual
unobstructed easements at least twenty (20) feet in width shall be provided
with satisfactory access to the street. Wherever possible, easements shall
be continuous from block to block and shall present as few irregularities
as possible. Such easements shall be cleared and graded where required.
(6)
Grades.
(a)
Grades of all streets shall conform in general to the
terrain and shall be not less than one-half percent (1/2%) nor more than six
percent (6%) for major, eight percent (8%) for collector or ten percent (10%)
for minor streets in residential areas, but in no case more than three percent
(3%) within fifty (50) feet of any intersection.
(b)
All changes in grade shall be connected by vertical curves
of such length and radius as meet with the approval of the Village Engineer
so that clear visibility shall be provided for a safe distance.
(c)
A combination of steep grades and curves shall be avoided.
(7)
Curves and visibility at intersections.
(a)
All street right-of-way lines at intersections shall
be rounded by curves of at least twenty-foot radius, and curbs shall be adjusted
accordingly.
(b)
In order to provide visibility for traffic safety, that
portion of any corner lot (whether at an intersection entirely within the
subdivision or of a new street with an existing street) which is within the
triangular area formed by the intersecting street right-of-way lines and a
straight line joining said lines at thirty (30) feet distant from the point
of intersection shall be cleared of all growth (except isolated trees) and
obstructions more than three (3) feet higher than the center line of the street.
If directed, ground shall be excavated to achieve visibility.
(8)
Culs-de-sac. Where cul-de-sac streets are designed to
be so permanently, they should, in general, not exceed five hundred (500)
feet in length and shall terminate in a circular turnaround having a minimum
right-of-way radius of sixty (60) feet and pavement radius of fifty (50) feet.
At the end of temporary dead-end streets, a temporary turnaround with a pavement
radius of fifty (50) feet shall be provided, unless the Planning Board approves
an alternate arrangement.
(9)
Watercourses.
(a)
Where a watercourse separates a proposed street from
abutting property, provision shall be made for access to all lots by means
of culverts or other structures of design approved by a Village Engineer.
(b)
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a stormwater easement or drainage
right-of-way, as required by the Village Engineer and in no case less than
twenty (20) feet in width.
(10)
Curve radii. In general, street lines within a block,
deflecting from each other at any one (1) point by more than ten (10) degrees,
shall be connected with a curve, the radius of which for the center line of
the street shall not be less than four hundred (400) feet on major streets,
two hundred (200) feet on collector streets and one hundred (100) feet on
minor streets.
(11)
Reserve strips prohibited. Reserve strips of land, to
be used to control access from the proposed subdivision to any neighboring
property or to any land within the subdivision itself, shall be prohibited.
(12)
Free flow of vehicular traffic abutting commercial developments.
In front of areas zoned and designed for commercial use, or where a change
of zoning to a zone which permits commercial use is contemplated, the street
width shall be increased by such amount on each side as may be deemed necessary
by the Planning Board to assure the free flow of through traffic without interference
by parked or parking vehicles and to provide adequate and safe parking space
for such commercial or business district.
D.
Street names. All street names shown on a preliminary
plat or subdivision plat shall be approved by the Planning Board. In general,
streets shall have names and not numbers or letters. Proposed street names
shall be substantially different so as not to be confused in sound or spelling
with present names, except that streets that join or are in alignment with
streets of an abutting or neighboring property shall bear the same name. Generally,
no street should change direction by more than ninety degrees (90°) without
a change in street name.
E.
Lots.
(1)
Lot size. All lots shall have an area and width equal
to the minimum requirements of the zoning regulations, if any,[1] and County and State Department of Health regulations applying
to the district in which they are located; and the following additional minimum
requirements:
(a)
One-family dwellings not served by either public water
or public sewer facilities: twenty thousand (20,000) square feet, or more,
depending on soil percolation rates.
(b)
One-family dwelling served by public water or public
sewer facilities: fifteen thousand (15,000) square feet, or more, depending
on soil percolation rates.
(c)
One-family dwelling served by public water and public
sewer facilities: ten thousand (10,000) square feet.
(2)
Side lines. Side lines of lots shall be at right angles
to straight street lines and radial to curved street lines, unless a variance
from this rule will give a better street or lot plan.
(3)
Corner lots. In general, corner lots should be larger
than interior lots to provide a desirable building site with proper building
setback from each street.
(4)
Driveway access. Driveway grades between the street and
the setback line shall not exceed seven percent (7%).
(5)
Access from private streets. Lots on private streets
shall be deemed acceptable only if such streets are designed and improved
in accordance with this chapter.
(6)
Monuments and lot corner markers. Permanent monuments
meeting specifications approved by a Village Engineer as to size, type and
installation shall be set at such block corners, angle points, points of curves
in streets and other points as the Village Engineer may require, and their
location shall be shown on the subdivision plat.
F.
Drainage improvements. Adequate storm drainage systems
shall be required in all new subdivisions. The drainage system shall be designed
by a person licensed to perform such work.
(1)
Removal of spring and surface water. Any spring or surface
water that may exist either previous to or as a result of the subdivision
shall be carried away by pipe or open ditch. Such drainage facilities shall
be located in the street right-of-way, where feasible, or in perpetual unobstructed
easements of appropriate width.
(2)
Drainage structure to accommodate potential development
upstream. A culvert or other drainage facility shall, in each case, be large
enough to accommodate potential runoff from its entire upstream drainage area,
whether inside or outside of the subdivision. The Village Engineer shall approve
the design and size of facility based on anticipated runoff from a ten-year
storm under conditions of total potential development permitted by the Zoning
Ordinance in the watershed. The cost of a culvert or other drainage facility
in excess of that required for the particular subdivision may be deemed to
be the responsibility of the village or may be prorated among the upstream
property owners.
(3)
Responsibility from drainage downstream. The subdivider's
engineer shall also study the effect of each subdivision on the existing downstream
drainage facilities outside the area of the subdivision, and this study shall
be reviewed by a Village Engineer. When it is anticipated that the additional
runoff incident to the development of the subdivision will overload an existing
downstream drainage facility during a five-year storm, the Planning Board
shall notify the Village Board of such potential condition. In such case,
the Planning Board shall not approve the subdivision until provision has been
made for the improvement of said condition.
(4)
Land subject to flooding. Land subject to flooding or
land deemed by the Planning Board to be uninhabitable shall not be platted
for residential occupancy, 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 said hazardous conditions.
(5)
All subdividers shall present an individual lot drainage
plan for each lot in their proposed subdivision. Such plan shall be used in
the grading of lots before a certificate of occupancy is granted, as required
by the Zoning Ordinance.[2] No roof leaders or footing drains which carry stormwater will
be permitted to use a sanitary sewer nor a so-called dry well in an area where
the dominant soil is hardpan, but shall be adequately disposed of upon the
ground surface.
G.
Parks, open spaces and natural features.
(1)
Recreation areas.
(a)
The Planning Board shall require that the plat show sites
of a character, extent and location suitable for the development of a park,
playground or other recreation purpose in the vicinity of the subdivision.
Where a proposed park, playground or open space shown on the Village Plan
is located in whole or in part in the subdivision, the Board shall require
that such area or areas be shown on the plat in accordance with the requirements
specified above. Such area or areas may be dedicated to the village by the
subdivider if the Village Board approves such dedication.
(b)
In the event that an area suitable for a park or playground
is located in the subdivision, the subdivider shall submit to the Board, prior
to final approval, three (3) prints [one (1) on cloth] drawn in ink, showing,
at a scale of not less than thirty (30) feet to the inch, such area and the
following features thereof:
(2)
Waiver of plat designation of area for parks and playgrounds.
(a)
In cases where the Planning Board finds, due to the size, topography or location of the subdivision, that land for park, playground or other recreation purpose cannot be properly located therein, or if in the opinion of the Board it is not desirable, the Board may waive the requirement that the plat show land for such purposes. The Board may then require, as a condition to approval of the plat, a payment to the village of two hundred dollars ($200.) per gross acre of land which otherwise would have been acceptable as a recreation site, as determined by the standards set forth in this Subsection G(2).
(b)
Such amount shall be paid to the Village Board at the
time of final plat approval, and no plat shall be signed by the authorized
officer of the Planning Board until such payment is made. All such payments
shall be held by the Village Board in a special Village Recreation Site Acquisition
and Improvement Fund to be used for the acquisition of land that:
[1]
Is suitable for permanent park, playground or other recreational
purposes.
[2]
Is so located that it will serve primarily the general
neighborhood in which the land covered by the plat lies.
[3]
Shall be used only for park, playground or other recreational
land acquisition or improvements. Such money may also be used for the physical
improvement of existing parks or recreation areas serving the general neighborhood
in which the land shown on the plat is situated, provided that the Planning
Board finds there is a need for such improvements.
(c)
The Board may then require, as a condition of approval
of the plat for each major subdivision, a payment to the village of two hundred
($200.) dollars per lot.
(3)
Preservation of natural features. The Planning Board
shall, wherever possible, establish the preservation of all natural features
which add value to residential developments and to the community, such as
large trees or groves, watercourses and falls, beaches, historic spots, vistas
and similar irreplaceable assets. No tree with a diameter of eight (8) inches
or more as measured three (3) feet above the base of the trunk shall be removed
unless such tree is within the right-of-way of a street as shown on the final
subdivision plat or individual house sites and driveways. Removal of additional
trees shall be subject to the approval of the Planning Board.
A.
Sketch plan. The sketch plan initially submitted to the
Planning Board shall be based on Tax Map information or some other similarly
accurate base map at a scale [preferably not less than two hundred (200) feet
to the inch] to enable the entire tract to be shown on one (1) sheet. The
sketch plan shall show the following information:
(1)
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.
(2)
All roads, structures, wooded areas, streams, utilities
and other physical features within the portion to be subdivided and within
one hundred (100) feet thereof. If topographic conditions are significant,
contours shall also be indicated at intervals of not more than ten (10) feet.
(3)
The name of the owner and all adjoining property owners
as disclosed by the most recent municipal tax records.
(4)
The Tax Map sheet, block and lot numbers, if any.
(6)
All existing restrictions on the use of land including
easements, covenants or zoning lines.
B.
Minor subdivision plat. In the case of minor subdivision
only, the subdivision plat application shall include the following information:
(1)
A copy of such covenants or deed restrictions as are
intended to cover all or part of the tract.
(2)
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 by monuments as approved by a Village Engineer and
shall be referenced and shown on the plat.
(3)
All on-site sanitation and water supply facilities shall
be designed to meet the minimum specifications of the State Department of
Health, and a note to this effect shall be stated on the plat and signed by
a licensed engineer.
(4)
Proposed subdivision name, the name of the village and
the county in which it is located.
(5)
The date, North point, map scale and name and address
of record owner and subdivider.
(6)
The plat to be filed with the County Clerk shall be printed
upon linen or be clearly drawn in India ink upon tracing cloth. The size of
the sheet shall conform with village standards.
C.
Major subdivision preliminary plat and accompanying data.
The following documents shall be submitted for conditional approval:
(1)
Five (5) copies of the preliminary plat prepared at a
scale of not more than one hundred (100), but preferably not less than fifty
(50), feet to the inch, showing:
(a)
Proposed subdivision name, name of village and county
in which it is located, date, true North point, scale, name and address of
record owner, subdivider and engineer or surveyor, including license number
and seal.
(b)
The name of all subdivisions immediately adjacent and
the name of the owners of record of all adjacent unsubdivided property.
(d)
All parcels of land proposed to be dedicated to public
use and the conditions of such dedication.
(e)
Location of existing property lines, easements, buildings,
watercourses, marshes, rock outcrops, wooded areas, single trees with a diameter
of eight (8) inches or more as measured three (3) feet above the base of the
trunk, and other significant existing features for the proposed subdivision
and adjacent property.
(f)
Location of existing sewers, water mains, culverts and
drains on and adjacent to the property, with pipe sizes, grades and direction
of flow.
(g)
Contours with intervals of five (5) feet or less, as
required by the Board, including elevations on existing roads; and approximate
grading plan if natural contours are to be changed more than two (2) feet.
(h)
The width and location of any streets or public ways
or places shown on the Official Map or the Master Plan within the area to
be subdivided, and the width, location, grades and street profiles of all
streets or public ways proposed by the developer.
(i)
The approximate location and size of all proposed waterlines,
valves, hydrants, sewer lines and fire alarm boxes; and connection to existing
lines or alternate means of water supply or sewage disposal and treatment
as provided in the Public Health Law; and profiles of all proposed water-
and sewer lines.
(j)
Storm drainage plan indicating the approximate location
and size of proposed lines and their profiles; and connection to existing
lines or alternate means of disposal.
(k)
Plans and cross-sections showing the proposed location
and type 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; and the location of manholes,
basins and underground conduits.
(l)
Preliminary designs of any bridges or culverts which
may be required.
(m)
The proposed lot lines with approximate dimensions and
area of each lot.
(n)
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 twenty (20) feet in width and which shall provide satisfactory
access to a public highway or public open space shown on the subdivision or
the Official Map.
(o)
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 tract corners shall also be located on
the ground and marked by substantial monuments of such size and type as are
approved by the Village Engineer, and shall be referenced and shown on the
plan.
(2)
If the application covers only a part of the subdivider's
entire holding, a map of the entire tract, drawn at a scale of not less than
four hundred (400) feet to the inch, showing an outline of the platted area
with its proposed streets and indication of the probable future street system
with its grades and drainage in the remaining portion of the tract and the
probable future drainage layout of the entire tract, shall be submitted. The
part of the subdivider's entire holding submitted shall be considered
in the light of the entire holdings.
(3)
A copy of such covenants or deed restrictions as are
intended to cover all or part of the tract.
D.
Major subdivision final plat and accompanying data. The
following documents shall be submitted for plat approval:
(1)
The plat to be filed with the County Clerk shall be printed
upon linen or shall be clearly drawn in India ink upon tracing cloth. The
size of the sheets shall conform with village standards. The plat shall be
drawn at a scale of no more than one hundred (100) feet to the inch and oriented
with the North point at the top of the map. When more than one (1) sheet is
required, a key map, or an additional index sheet of the same size, shall
be filed showing, to scale, the entire subdivision with lot and block numbers
clearly legible. The plat shall show:
(a)
Proposed subdivision name or identifying title and the
name of the village and county in which the subdivision is located, the name
and address of the record owner and subdivider and the name, license number
and seal of the licensed land surveyor.
(b)
Street lines, pedestrian ways, lots, reservations, easements
and areas to be dedicated to public use.
(c)
Sufficient data acceptable to the Village Engineer to
determine readily the location, bearing and length of every street line, lot
line and boundary line and to reproduce such lines upon the ground. Where
applicable, 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 a public authority.
(d)
The length and bearing of all straight lines, radii,
length of curves and central angles of all 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 inches. The
plat shall show the boundaries of the property, location, graphic scale and
true North point.
(e)
The plat shall also show by proper designation thereon
all public open spaces for which deeds are included and those spaces title
to which is reserved by the developer. For any of the latter, there shall
be submitted with the subdivision plat copies of agreements or other documents
showing the manner in which such areas are to be used and 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
and 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 the Village Engineer.
When referenced to the state system of plane coordinates, they shall also
conform to the requirements of the State Department of Transportation. They
shall be placed as required by the Village Engineer and their location noted
and referenced upon the plat.
(i)
All lot corner markers shall be at least three-fourths
(3/4) inch (if metal) in diameter and at least twenty-four (24) inches in
length and permanently located in the ground to existing grade in a manner
satisfactory to the Village Engineer.
(j)
Monuments of a type approved by the Village Engineer
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
the Village Engineer.
(2)
Construction drawings including plans, profiles and typical
cross-sections, as required, showing the proposed location, size and type
of streets, sidewalks, streetlighting standards, street trees, curbs, water
mains, sanitary sewers and storm drains, pavements and subbase, manholes,
catch basins and other facilities.
A.
Where the Planning Board finds that extraordinary and
unnecessary hardships may result from strict compliance with this chapter,
it may vary the regulations so that substantial justice may be done and the
public interest secured, provided that such variations will not have the effect
of nullifying the intent and purpose of the Official Map, the Master Plan
or the Zoning Ordinance.
B.
Where the Planning Board finds that, due to the special
circumstances of a particular plat, the provision of certain required improvements
is not requisite in the interest of the public health, safety and general
welfare or is inappropriate because of inadequacy or lack of connecting facilities
adjacent or in proximity to the proposed subdivision, it may waive such requirements
subject to appropriate conditions.
C.
In granting variances and modifications, the Planning
Board shall require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so varied or modified.
