[Amended 9-27-1994 by L.L. No. 11-1994]
Each subdivision, site plan and special use
permit shall comply with the following standards and requirements:
A.
The proposed development shall be consistent with
the public health, safety and general welfare, the comfort and convenience
of the public and the provisions, general purposes and intent of the
Zoning Code.
B.
The property shall be such that it can safely be used
for the purposes contemplated by the plan, without danger to health
or peril from fire, flood or other menace, taking into consideration
its location, elevation, grade and drainage.
C.
Land deemed by the Board to be unsatisfactory for
habitation shall not be platted for residential occupancy, nor for
such other uses as may endanger health, life or property.
D.
Any street created, enlarged or altered as part of
a subdivision shall be of sufficient width and suitable grade as hereinafter
provided and shall be suitably located to accommodate the prospective
traffic, to facilitate fire protection and to provide access for fire-fighting
equipment to buildings and shall be designed to relate safely and
conveniently to the surrounding street system. Intersections with
or extensions of existing streets shall be so located as not to create
traffic hazards or congestion, and the arrangement of streets shall
properly relate to any Comprehensive Plan then in effect and to the
Official Map.
[Amended 4-25-1995 by L.L. No. 6-1995]
E.
Monuments, curbs, gutters, water mains, sanitary sewers,
storm drains, street and other paving, streetlights and other improvements,
including, if required by the Board, sidewalks and street trees, shall
be installed, all in accordance with these rules and regulations and
standards, specifications and procedures acceptable to the appropriate
departments of the Village.
F.
Surface water control systems in any subdivision shall be designed for the maximum lot coverage permitted under § 310-22 and § 310-23 of the Code of the Village of Scarsdale, shall be adequate to protect other property owners from damage, shall be designed to avoid silting, clogging or overload of existing public storm drains and shall be designed to offset any increase in the rate of surface water runoff from the proposed development pursuant to the requirements of § A319-37. If the installation and use of the storm drainage system, alone or in conjunction with other prospective subdivisions in the area, will, in the opinion of the Village Engineer, require changes in the existing public storm drainage system serving the area, the applicant shall furnish a deposit or suitable bond or guaranty in an amount estimated by the Board to be sufficient to pay the share attributable to the subdivision of the cost to the Village of providing adequate additional storm drainage capacity.
G.
Surface water control systems shall be provided at the applicant's expense in accordance with the requirements of § A319-27F. The adequacy of the system to dispose of all surface water runoff from the property shall be the responsibility of the applicant, and the Board's conditional approval of a preliminary plat and approval of a construction plan and a final plat shall not constitute a determination by the Board as to the adequacy of the system.
H.
Subdivision applications shall show, when required
by the Board, open space suitably located for playground or other
recreation purposes. If the Board determines that a suitable open
space for such purposes cannot be properly located in any such plat
or is otherwise not practical, the Board may require, as a condition
to the approval of any such plat, a payment to the Village of a sum
to be determined by the Board of Trustees upon the recommendation
of the Board, which sum shall constitute a trust fund to be used by
the Board of Trustees exclusively for neighborhood park, playground,
open space or recreation purposes, including the acquisition of land.
I.
The landscape of the subdivision, site plan or special use permit shall be preserved in its natural state by minimizing tree and soil removal, and a tree preservation and replacement plan in accordance with Chapter 281, shall accompany each application, unless deferred as provided by § 281-25A(1) of the Code of the Village of Scarsdale. If development of the site necessitates removal of established trees and plantings, the Board shall, before approving any such application, be satisfied as to the planting of replacement trees or other landscape treatment. The Board may require the applicant to post a performance bond, cash deposit or other approved surety where required pursuant to § 281-25 of the Code of the Village of Scarsdale. Except under such circumstances as the Board may determine, no subdivision, site plan or special use permit approval shall be permitted of any land from which principal trees have been removed within one year which principal trees have been removed within one year prior to the date such application was submitted.
[Amended 2-13-2019 by L.L. No. 2-2019]
J.
Any remaining tract of land not subdivided into building
lots shall be provided with satisfactory rights-of-way giving means
of access to existing or proposed streets. Access to public land shall
not be restricted by any reserve strip.
K.
No part of a lot shall be included in calculating
the lot area, except such part as falls within either a quadrilateral,
no part of which is less than 1/3 of the required width, or an inscribed
circle. No more than 10% of the required lot area shall consist of
any body of water or portion thereof, floodplain property or property
designed as a retention basin for drainage.
L.
In lots at a distance from the street, the Board shall
designate the front, rear and side lot lines.
M.
No new driveway or parking space may be designed in
a way that would require a vehicle to back out onto a county or state
highway.
[Added 6-23-1998 by L.L. No. 11-1998]
A.
Upon completion of construction of all improvements
required by the Board and by these rules and regulations, the owner
shall furnish to the Village:
(1)
A certificate of a licensed professional engineer
that he has supervised the installation of all such improvements,
that the said improvements have been completed in accordance with
the approved plans and with the standards, specifications and procedures
of the appropriate departments of the Village and duly authorized
amendments thereto and that all spoil, unused material and rubbish
have been removed from all streets and other public places and from
all undeveloped lots in the subdivision.
(2)
An affidavit by the applicant that no trees have been
removed from the site between the submission of the application and
completion of construction, except those trees marked for removal
on the final approved subdivision or site plan, or those for which
the Building Department may have issued a special tree removal permit.
(3)
An as-built construction drawing by such engineer
showing all changes from the original construction drawings permitted
by the Village Engineering Department to be made during actual construction,
together with the location of all sewer wyes and the ends of all sewer
house connections, the location of all gas mains and valves, electric
transmission lines and transformers, cable television lines and splice
boxes, telephone lines and splice boxes and water mains and valve
boxes.
(4)
A maintenance bond or other suitable guaranty sufficient
to cover the full cost, as estimated by the appropriate Village department
designated by the Board, of maintaining all such improvements and
making such repairs and improvements as may be necessary in order
that, during a period of one year after completion, said improvements
shall remain in compliance with the requirements imposed by the Board.
B.
The maintenance of any land in common ownership or
joint ownership, including private roads, shall be provided for in
homeowner association agreements, deeds or condominium bylaws and
regulations. Such agreements, deeds, bylaws or regulations shall also
provide for the maintenance and repair by the Village, if necessary,
with the cost of such Village services to be charged against the property
and, if necessary, collected by the Village in the same manner as
real estate taxes.
The owner shall furnish to the Village liability
insurance, with minimum limits determined by the Village Attorney,
insuring the Village, its officers, employees and agents against any
liability for personal injury or property damage resulting directly
or indirectly from the construction of the required improvements or
from the maintenance and repair of said improvements during a one-year
period following completion of said improvements.
[Amended 9-27-1994 by L.L. No. 11-1994]
Prior to granting its approval, the Board may
permit the plat to be divided into two or more sections and may impose
conditions upon the filing of the sections as it may deem necessary
to assure the orderly development of the plat. Approval of the sections,
subject to any conditions imposed by the Board, shall be granted concurrently
with the approval of the plat. If the applicant shall file only a
section of the approved plat within such prescribed period, such section
shall encompass at least 10% of the total number of lots contained
in the approved plat, and the approval of the remaining sections of
the approved plat shall expire unless said sections are filed before
the expiration of the exemption period to which such plat is entitled
under § 7-708 of the Village Law. In the event that the
applicant shall file only a section of such approved plat, the entire
approved plat shall be filed within 30 days of the filing of such
section with the Village Clerk.
[Amended 9-27-1994 by L.L. No. 11-1994]
A.
The conditional approval by the Board of a plat showing
lots, blocks or sites with or without new streets or highways shall
expire 180 days from the date of such conditional approval unless
the conditionally approved plat in final form is submitted for signature
by the Clerk of the Board within such period of 180 days.
B.
The Board may extend the time within which a conditionally
approved plat in final form is submitted for signature by the Clerk
of the Board if, in its opinion, such extension is warranted by the
circumstances, which time shall not exceed two additional periods
of 90 days each.
C.
The signature of the Clerk constituting final approval
of the plat by the Board, or the certificate of the Village Clerk
as to the date of the submission of the final plat and the failure
of the Board to take action within 62 days of such submission, shall
expire unless the plat or a section thereof shall have been duly filed
with the County Office of Land Records within 62 days from the date
of such final approval or from the date such certificate was issued.
Variation from the general requirements above
outlined may be permitted by the Board on application when, in its
judgment, such variation is warranted. In appropriate cases, the Board
may require, as an alternative to the construction of improvements,
a cash deposit, performance bond or other suitable security sufficient
to cover the full cost, as estimated by the Board or appropriate Village
department designated by the Board, of the construction of said improvements.
