[Adopted 4-24-1972]
[Amended 9-21-1998 by L.L. No. 7-1998]
By the authority of the resolution of the Village
Board of the Village of Akron, adopted on April 24, 1972, pursuant
to the provisions of Village Law §§ 7-728, 7-730, 7-732,
7-734, 7-736, 7-738 and 7-740, the Planning Board of the Village of
Akron, 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 Akron. It is declared to be
the policy of the Planning Board to consider land subdivision plats
as part of a plan for orderly, efficient and economical development
of the village. This means, among other things, that land to be subdivided
shall be of such character that it can be used safely for building
purposes without danger to health or peril from fire, flood or other
menace; that provision shall be made for drainage, water supply, sewerage
and other needed improvements; that all proposed lots shall be so
laid out and of such size as to be in harmony with the development
pattern of the neighboring properties; that the proposed street shall
compose a convenient system conforming to the Official Map, if such
exists, and shall be properly related to the proposals shown on the
Master Plan, if such exists, 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. In order that land subdivision may be made
in accordance with this policy, these regulations, which shall be
known as and may be cited as the "Village of Akron Land Subdivision
Regulations," have been adopted by the Planning Board, approved by
the Village Board on April 24, 1972, and amended by the Village Board
on June 12, 1972.
For the purpose of these regulations, certain
words and terms used herein are defined as follows:
A short street having but one end open to traffic and the
other end being permanently terminated by a vehicular turnaround.
A composite of the mapped and written proposals recommending
the physical development of the village, prepared by the Planning
Board pursuant to § 7-722 of the Village Law which indicates
the general locations recommended for various public works and reservations
and for the general physical development of the village and includes
any part of such plan separately adopted and any amendment to such
plan or parts thereof.
[Amended 9-21-1998 by L.L. No. 7-1998]
The lands required for the installation of stormwater sewers
or drainage ditches, or 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.
The lands created through authorization by a property owner
for the use by another and for a specified purpose of any designated
part of his property.
The duly designated engineer of the Village of Akron.
A piece, parcel or plot of land intended as a unit for transfer
of ownership or for development.
The map established by the Village Board under § 7-724
of the Village Law showing the streets, highways and parks heretofore
laid out, adopted and established by law, and any amendments thereto
adopted by the Village Board or additions thereto resulting from the
approval of subdivision plats by the Planning Board and the subsequent
filing of such approved plats.
[Amended 9-21-1998 by L.L. No. 7-1998]
The date when a subdivision plat shall be considered submitted to the Planning Board and is hereby defined to be the date of a meeting of the Planning Board at which all required surveys, plans and data described in § 142-6 are submitted.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board approves
a plat, including performance bonds, escrow agreements and other similar
collateral or surety agreements.
The Village of Akron Planning Board as established pursuant
to the provisions of §§ 7-728, 7-730, 7-732, 7-734,
7-736, 7-738 and 7-740 of the Village Law.
[Amended 9-21-1998 by L.L. No. 7-1998]
The preliminary drawing or drawings indicating the proposed manner or layout of the subdivision to be submitted to the Planning Board for its consideration and meeting the requirements of § 142-4.
Revision of all or part of an existing filed plat, including
consolidation of lots.
Any street, avenue, boulevard, road, lane, parkway, alley
or other way which is an existing state, county or town roadway or
way shown upon a plat theretofore approved pursuant to law or approved
by official action or a street or way on a plat duly filed and recorded
in the office of the County Clerk of Erie County prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines whether improved
or unimproved and may comprise pavement, shoulders, gutters, sidewalks,
parking area and other areas within the street lines. For the purpose
of this article, streets shall be classified as follows:
ARTERIAL STREETS Those which do or
are intended to carry heavy traffic.
COLLECTOR STREETS Those which carry
traffic from minor streets to the major system of arterial streets.
MINOR STREETS or LOCAL RESIDENTIAL STREETS Those
which are used primarily for access to the abutting properties.
MARGINAL SERVICE STREETS Streets
which are parallel to and adjacent to arterial streets and highways
and which provide access to abutting properties and protection from
through traffic.
ALLEYS Minor ways which are used
primarily for vehicular service to the back or side of properties
otherwise abutting on a street.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The distance between property lines or right-of-way lines.
Any person, firm, corporation, partnership or association,
who shall lay out, for the purpose of sale or development, any subdivision
or part thereof as defined herein, either for himself or others.
The division of any parcel of land into two or more lots,
plots, sites or other division of land for the purpose, whether immediate
or future, or transfer of ownership or building development and shall
include resubdivision; provided, however, that the public acquisition
by purchase of strips of land for the widening or opening of streets
shall not be included within this definition nor subject to these
regulations.
MAJOR SUBDIVISION Any subdivision
not classified as a minor subdivision, including but not limited to
subdivisions of five or more lots, or any size subdivision requiring
any new street or extension of municipal facilities.
MINOR SUBDIVISION Any subdivision containing not more than four 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 Comprehensive Plan, Official Map or Chapter 165, Zoning, or these regulations.
A drawing, in final form, showing a proposed subdivision
containing all information or detail 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 Erie County Clerk.
[1][1]
Editor's Note: The former definition of "zoning
ordinance," which immediately followed this definition, was deleted
9-21-1998 by L.L. No. 7-1998.
Whenever any subdivision of land is proposed,
before any contract for the sale of any part thereof and before any
permit for the erection of a structure in such proposed subdivision
shall be granted, the subdividing owner or his authorized agent shall
apply for and secure approval of such proposed subdivision in accordance
with the procedures set forth in this section.
A.
Preliminary plat submission.
(1)
Discussion of requirements and classification.
(a)
Before preparing the preliminary plat, the applicant
shall discuss with the Planning Board, or its representative, the
requirements of land, street improvements, drainage, sewerage, water,
fire protection and similar aspects, as well as the availability of
existing services.
(b)
Classification of the proposed preliminary plat
is to be made at this time by the Planning Board as to whether it
is a minor or major subdivision as defined in these regulations. 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 all or some of the requirements specified for major subdivisions
in these regulations.
(2)
Application procedure. Prior to filing an application
for the approval of a subdivision plat, the applicant shall file an
application for the approval of a preliminary plat. The application
shall:
(a)
Be made on forms available at the office of
the Village Clerk-Treasurer of the Village of Akron.
(b)
Include all land which the applicant proposes
to subdivide, as well as all lands owned by the applicant adjacent
to the area proposed for subdivision.
(c)
Be accompanied by three copies of the preliminary plat, as described in § 142-6A, of these regulations.
(d)
Comply in all respects with § 142-4 of these regulations and with the provisions of § 7-728 of the Village Law, except where a modification may be specifically authorized by the Planning Board.
[Amended 9-21-1998 by L.L. No. 7-1998]
(e)
Be accompanied by a fee as set forth from time
to time by resolution of the Board of Trustees, at least two weeks
before the next regularly scheduled Planning Board meeting. The minimum
fee shall be as set forth from time to time by resolution of the Board
of Trustees.[1] If the applicant subsequently elects not to file an application
for approval of a subdivision plat, 1/2 the fee shall be returned.
[Amended 6-12-1972; 9-21-1998 by L.L. No. 7-1998]
[1]
Editor's Note: The current fee schedule is
on file in the village offices.
(3)
Study of preliminary plat. The Planning Board will
carefully study the practicability of the preliminary plat, taking
into consideration the requirements of the community and the best
use of the land being subdivided. Particular attention will be given
to the arrangement, location and width of streets, their relation
to the topography of the land, sewerage disposal, drainage, lot sizes
and arrangement, the future development of adjoining land and the
requirements of the Comprehensive Plan and the Official Map as they
may be adopted.
(4)
Applicant to attend Planning Board meeting. The applicant
should be prepared to attend the next regular meeting of the Planning
Board and any subsequent meetings deemed necessary by the Chairman
of the Planning Board to discuss the preliminary plat.
(5)
Required changes for conditional approval. The Planning
Board shall review the preliminary plat in accordance with the requirements
of Village Law § 7-728, Subdivision 5, and shall approve,
approve with modifications or disapprove the plat in the time periods
set forth in said statute.
[Amended 9-21-1998 by L.L. No. 7-1998]
B.
Subdivision plat.
(1)
Application procedure. Within six months of the conditional
approval of the preliminary plat, the applicant shall file with the
Planning Board an application for approval of a subdivision plat.
The application shall:
(a)
Be made on forms provided by the Planning Board
at the time of conditional approval of the preliminary plat.
(b)
Include the entire subdivision.
(c)
Be accompanied, for a minor subdivision, by three copies of the subdivision plat and conform to § 142-6B of these regulations.
(d)
Be accompanied, for a major subdivision, by three copies of the subdivision plat and the construction detail sheets as described in § 142-6C of these regulations.
(e)
Comply in all respects with the preliminary
plat as conditionally approved.
(f)
Be presented to the Chairman of the Planning
Board at least two weeks prior to a regular meeting of the Board in
order that a public hearing may be scheduled and the required notice
given.
(2)
Official submittal date. The final subdivision plat shall be considered officially submitted upon receipt by the Secretary of the Planning Board of the draft environmental impact statement or the negative declaration, along with the requirements of § 142-6B.
[Amended 9-21-1998 by L.L. No. 7-1998]
(3)
Endorsement of State Health Department. The proposed
subdivision plat shall be properly endorsed by the State Health Department
as meeting the standards of the State Sanitary Code, Public Health
Law or other applicable health codes before any public hearing is
scheduled. The plat should be in final form before State Health Department
approval.
(4)
County Official Map notification. The Planning Board
will also, if the county has established a County Official Map, notify
the Erie County Planning Board and the County Superintendent of Highways
or Commissioner of Public Works if the subdivision plat proposes structures
or new streets having frontage on, access to or is otherwise directly
related to any county road, existing or proposed, as shown on the
County Official Map. The County Planning Board reports to the Planning
Board within 30 days on its approval or disapproval or on its approval
subject to stated conditions of the proposed subdivision plat. The
plat may be approved by the village subject to stated conditions,
notwithstanding such report, when the application of such report will
act to deprive the owner of the reasonable use of his land.[2]
[2]
Editor's Note: Former Subsection E, Public
hearing, and former Subsection F, Action on proposed subdivision plat,
which immediately followed this subsection, were deleted 9-21-1998
by L.L. No. 7-1998.
(5)
The Planning Board shall review the final subdivision
plat in accordance with the requirements of Village Law § 7-728,
Subdivisions 6 through 8, and shall approve, conditionally approve
or disapprove the plat. A final subdivision plat shall not be signed
by the authorized officers of the Planning Board until the applicant
has met all of the conditions of the action granting approval of such
plat.
[Amended 9-21-1998 by L.L. No. 7-1998]
(6)
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 Board and endorsed, in writing, on
the plat. In the event that any subdivision plat, when recorded, contains
any such changes, the plat shall be considered null and void, and
the Board shall institute proceedings to have said plat stricken from
the records of the County Clerk.
(7)
Signing of plat.
(a)
Every subdivision plat submitted to the Board
for its approval shall carry the following endorsement:
|
Approved by resolution of the Planning Board
of the Village of Akron, New York, on the day
of , 20 , subject to
all requirements and conditions of said resolution. Any change, erasure,
modification or revision of this plat, as approved, shall void this
approval. Signed this day of ,
20 , by
| |
|
_____________________
Chairman
|
_____________________
Secretary
|
(b)
In the absence of the Chairman or Secretary,
the Acting Chairman or Acting Secretary, respectively, may sign in
his place. If there is a County Official Map, such endorsement shall
stipulate that the plat does not conflict with the County Official
Map or, in cases where the plat does front on, or have access to,
or is otherwise related to roads or drainage systems shown on the
County Map, that such plat has been approved by the County Planning
Board in the manner specified by § 239-k of the General
Municipal Law.
C.
Required improvements and agreements.
(1)
Improvements and performance bond. Prior to an action
by the Planning Board approving a subdivision plat, the applicant
shall be required to complete, in accordance with the Planning Board's
decision and to the satisfaction of the appropriate village department,
all the street, sanitary and other improvements specified in the action
approving said plat or, as an alternative, to file with the Village
Board a performance bond in an amount estimated by the Planning Board
to secure to the village the satisfactory construction and installation
of the incomplete portion of the required improvements. A period of
one year or such other period as the Planning Board may determine
appropriate within which required improvements must be completed shall
be specified by the Planning Board and expressed in the bond. Such
performance bond shall be satisfactory to the Village Board as to
form, sufficiency and manner of execution. The bond shall be retained
for a period of one year after the date of completion of the required
improvements to assure their satisfactory condition. All required
improvements shall be made by the applicant at his expense without
reimbursement by the village or any district therein. Said improvements
shall include the following:
[Amended 9-21-1998 by L.L. No. 7-1998]
(a)
Streets and streetlighting facilities.
(b)
Street signs.
(c)
Curbs.
(d)
Grass curb strips.
(e)
Sidewalks.
(f)
Street shade trees.
(g)
Monuments.
(h)
Stormwater runoff system.
(i)
Sanitary sewage collection system.
(j)
Water supply system.
(k)
Park and recreation facilities.
(l)
Electrical, telephone and utility lines.
(m)
Plantings and ground cover.
(2)
Inspection of improvements.
(a)
The village shall employ an inspector to act
as agent to the Planning Board for the purpose of assuring the satisfactory
completion of improvements required by the Planning Board and shall
determine an amount sufficient to defray costs of inspection. The
applicant shall pay the village costs of inspection before the subdivision
plat is signed for filing as set forth from time to time by resolution
of the Board of Trustees.
[Amended 6-12-1972; 9-21-1998 by L.L. No. 7-1998]
(b)
If the Planning Board or its agent finds, upon
inspection, that any of the required improvements have not been constructed
in accordance with Planning Board recommendations or the approved
construction detail sheet, the applicant and the bonding company will
be severally and jointly liable for the costs of completing said improvements
according to specifications.
(3)
Offers of cession and release.
(a)
The plat shall be endorsed with the necessary
agreements in connection with required easements or releases. Offers
of dedication to the village shall be presented prior to plat approval.
(b)
Formal offers of dedication to the village of
all streets and parks, not marked on the plat with notation to the
effect that such dedication will not be offered, shall be filed with
the Planning Board prior to plat approval. If the owner of the land
or his agent who files the plat does not add as part of the plat a
notation to the effect that no offer of dedication of such streets,
highways, or parks or any of them is made to the public, the filing
of the plat in the office of the County Clerk or Register shall constitute
a continuing offer of dedication of the streets, highways or parks,
or any of them to the public, and said offer of dedication may be
accepted by the Village Board at any time prior to revocation of said
offer by the owner of the land or his agent.
(c)
Before final approval of the subdivision plat,
the Planning Board will require a certificate of approval from the
Village Attorney as to the legal sufficiency of the offers of cession
by the subdivider of the areas for public use, such as parks, streets,
playgrounds and other areas.
D.
Filing of approved subdivision plat. Upon completion
of all requirements set forth in the action approving the subdivision
plat 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 and may be filed by the
applicant in the office of the Erie County Clerk. Any subdivision
plat not so filed and recorded within 90 days of the date upon which
said plat is approved, or considered approved by reasons of the failure
of the Planning Board to act, shall become null and void, unless the
particular circumstances of said applicant warrant the Planning Board
to grant an extension which shall not exceed two additional periods
of 90 days. The applicant shall provide the Village Clerk-Treasurer
with a copy of the plat certified by the County Clerk as being the
true and certified copy of said plat on file in the county office.
E.
Resubdivision. For a resubdivision, the same procedure,
rules and regulations apply as for a subdivision.
F.
Public streets, parks and playground areas. The approval
by the Planning Board of a subdivision plat shall not be deemed to
constitute or imply the acceptance by the village of any street, park,
playground or other open space shown on said plat. The Planning Board
may require said plat to be endorsed with appropriate notes to this
effect. If the Planning Board determines that a suitable park or parks
of adequate size cannot be properly located in any such plat or is
otherwise not practical, the Board may require as a condition to approval
of any such plat a payment to the village of a sum to be determined
by the Village Board, which sum shall constitute a trust fund to be
used by the Village Board exclusively for neighborhood park, playground
or recreation purposes, including the acquisition of property. The
Planning Board may require the filing of a written agreement between
the applicant and the Village Board, covering future title, dedication
and provision for the cost of grading, development, equipment and
maintenance of any park or playground area, as well as a written agreement
covering the maintenance and plowing of all streets within the subdivision
until such time as they are accepted for public maintenance by the
Village Board.
The Planning Board, in considering an application
for the subdivision of land, shall be guided by the following considerations
and standards:
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 Comprehensive Plan.
Subdivisions shall conform to the streets and parks shown on the Official
Map as may be adopted and shall be properly related to the Comprehensive
Plan as it is developed and adopted by the Planning Board.
B.
Design standards.
(1)
Streets. The following regulations shall govern the
layout of streets:
(a)
Subdivisions shall be so designed as to provide
a street pattern which shall be based upon a local residential or
minor street pattern connected to a residential collector street system.
(b)
The arrangement of streets in new subdivisions
shall make provision for the continuation of existing streets in adjoining
areas, or their proper protection where adjoining land is not subdivided,
at the same or greater width insofar as such may be deemed necessary
for public requirements.
(c)
When a subdivision abuts or contains an existing
or proposed major arterial street, the Planning Board may require
marginal 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.
(d)
Local residential streets shall be designed
so as to discourage through traffic.
(f)
Whenever possible, streets should intersect
at right angles and not intersect at angles of less than 60º
unless approved by the Planning Board.
(g)
The grades of streets shall be in accordance
with specifications established by the Village Engineer, and such
grades as submitted on subdivision plats shall be approved by him
prior to final approval by the Planning Board.
(h)
All street right-of-way lines at intersections
shall be rounded by curves of at least 20 feet radius and curbs shall
be adjusted accordingly.
(i)
All proposed subdivisions shall be designed
to provide access to adjacent properties. When a proposed subdivision
abuts an existing subdivision, the subdivider shall make every attempt
to design the street system of the proposed subdivision to connect
with dead-end or "stub" streets of the existing subdivision.
(j)
The following standards shall apply to cul-de-sac
streets:
[1]
A cul-de-sac should be located, if possible,
so that it drains toward its entrance.
[2]
Unless there is the expectation of extending
the street through to the adjoining property, a cul-de-sac street
should never be brought to the property boundary line, but should
be placed so that the lots can back on the property line of the subdivision.
[3]
No cul-de-sac shall exceed 500 feet in length.
[4]
All culs-de-sac shall have a turnaround at the
end of the street which shall have a right-of-way radius of 70 feet
and outside pavement radius of 60 feet.
[Amended 6-12-1972]
(k)
If a dead-end street is of a temporary nature,
a similar turnaround shall be provided and provisions made for future
extension of the street through to adjacent property and reversion
of the excess right-of-way to the adjoining properties.
(l)
New half or partial streets shall not be permitted,
except that wherever a proposed subdivision borders a half or partial
street, the Planning Board may require that the other part of the
street be platted in the proposed tract if it is found that such a
requirement would increase the effectiveness of the circulation system
in the area.
(m)
Multiple intersections involving a junction
of more than two streets shall be prohibited.
(n)
Local residential streets and residential collector
streets shall not intersect with arterial streets less than 800 feet
apart, measured from center line to center line.
(o)
The minimum distance between center line offsets
at street jogs shall be 150 feet.
(p)
Minor or secondary street openings into collector
or major arterial roads shall, in general, be at least 500 feet apart.
(q)
No street shall have a name which will duplicate
or so nearly duplicate as to be confused with the names of existing
streets. The continuation of an existing street shall have the same
name.
(r)
The minimum radius of horizontal curve, minimum
length of vertical curves and minimum length of tangents between reverse
curves shall be in accordance with specifications established by the
Village Engineer, and said items shall be approved by him prior to
final approval of the subdivision plat by the Planning Board.
(s)
In general, street lines within a block, deflecting
from each other at any one point by more than 10º, shall be connected
with a curve, the radius of which for the center line of street shall
not be less than 400 feet on major streets, 200 feet on collector
streets and 100 feet on minor streets.
(t)
When a subdivision borders on or contains a
railroad right-of-way or limited access highway right-of-way, the
Planning Board may require a street approximately parallel to and
on each side of 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.
(2)
Lots. The following regulations shall govern the layout
of lots:
(a)
The lot size, width, depth, shape, orientation
and the minimum building setback lines shall be appropriate for the
location of the subdivision and for the type of development and use
contemplated.
(b)
All lots shown on the subdivision plat must conform to the minimum requirements of Chapter 165, Zoning, of the Code of the Village of Akron, as to area and dimensions for the zone in which the subdivision is located. However, in the event of utilizing § 7-738 of the Village Law, the Planning Board may use its discretion in determining lot sizes.
[Amended 9-21-1998 by L.L. No. 7-1998]
(c)
Each lot shall abut on a street built to the
village's specification.
(d)
Corner lots shall have extra width sufficient for maintenance of required building lines on both streets as required by Chapter 165, Zoning, of the Code of the Village of Akron.
(e)
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra width line, and
all setbacks shall be measured from such line.
(f)
Side lines of lots shall be at right angles
to straight streets and radial to curved streets.
(g)
Where there is a question as to the suitability
of a lot or lots for their intended use due to factors, such as rock
formations, flood conditions or similar circumstances, the Planning
Board may, after adequate investigation, require modification of such
lots.
(h)
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 165, Zoning, of the Code of the Village of Akron and to provide for convenient access, circulation control and safety of street traffic.
(i)
Blocks intended for commercial or industrial
use shall be designed specifically for such purposes with adequate
space set aside for off-street parking and delivery facilities.
(j)
Double frontage lots will not, in general, be
approved.
(k)
The lot arrangement shall be such that in constructing a building in compliance with Chapter 165, Zoning, of the Code of the Village of Akron, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
(l)
Driveway access and grades shall conform to
specifications as established by the Village Engineer and on file
in the Village Clerk-Treasurer's office. Driveway grades between the
pavement and setback line shall not exceed 10%.
(m)
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 these regulations.
(3)
Easements. An easement shall be provided for all natural
drainageways and all utility lines when such utility line or lines
do not fall within a dedicated right-of-way. All easements shall be
plotted on the preliminary plat and subdivision plat and shall be
controlled by the Village Board of Trustees. A clause shall be inserted
in the deed of each lot affected by an easement indicating that the
easement exists and its purpose. Except as further required in this
section, easements shall have a minimum width of 10 feet. Where a
subdivision is traversed by a drainageway, channel or stream, a drainageway
easement conforming substantially with the lines of such watercourse
shall be provided. The easement shall be 20 feet wide or such width
as will be adequate to preserve natural drainage and provide sufficient
width for maintenance. Where it is found that additional easement
width is needed, such width shall be determined by the Planning Board
in consultation with the Village Engineer. To the fullest extent possible,
easements shall be centered on or adjacent to rear or side lot lines.
All utility lines which are primarily intended to provide service
to the lots within the subdivision shall be installed underground
at a depth and at such locations as will minimize risk of interruption
of services. A five-foot easement running parallel with and contiguous
to all street and highway rights-of-way shall be provided to the village
granting the village the right to protect, plant, prune, spray, remove,
control, regulate and improve shrubbery and shade trees thereon.
(4)
Landscaping and ground cover.
(a)
All lot areas which are not covered by structures
or paving shall be properly seeded by the developer.
(b)
The developer shall provide a liberal and functional
landscaping scheme for the entire subdivision. Each lot shall be provided
with a minimum of two trees, which shall be in addition to the street
shade trees. This requirement may be in wooded areas where the subdivider
intends to maintain existing trees.
(c)
Individual homeowners may, by written agreement
with the subdivider and builder, seed and landscape their yards independently.
(d)
When a proposed subdivision borders upon an
existing commercial or industrial establishment, or any other use
which, in the opinion of the Planning Board, may be visually detrimental
to the tranquility of the future residents of the subdivision, the
Planning Board may require a landscape screen to buffer the subdivision
from the visually incompatible use.
(5)
Preservation of natural features.
(a)
Topsoil moved during the course of construction
shall be redistributed so as to cover all areas of the subdivision
and shall be stabilized by seeding or planting. At no time shall topsoil
be removed from the site without written permission from the Planning
Board. There shall be a minimum of four inches of topsoil redistributed
over all leach beds or fields.
(b)
To the fullest extent possible, all existing
trees and shrubbery shall be conserved by the subdivider. Special
consideration shall be given to the arrangement and ultimate improvement
or development of the lots to this end. Precautions shall also be
taken to protect existing trees and shrubbery during the process of
grading the lots and roads. Where there is a question as to the desirability
of removing a group of trees, which serve to add interest and variety
to the proposed subdivision, in order to allow for use of the land
for a lot or lots, the Planning Board may, after proper investigation,
require modification of such lots. 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 permission from the Planning Board.
(c)
Where a subdivision is traversed by a natural
lake, pond or stream, the boundaries or alignment of said watercourse
shall be preserved unless, in the opinion of the Planning Board, a
change of realignment will enhance the development and beauty of the
subdivision or the utilization of such features by the future residents
of the subdivision. All proposed changes in watercourse alignment
shall be in accordance with the revised New York State Stream Conservation
Law.
(d)
Unique physical features, such as historic landmarks
and sites, rock outcroppings, hilltop lookouts, desirable natural
contours and similar features, shall be preserved if possible.
(e)
The subdivider shall not be permitted to leave
any surface depressions which will collect pools of water.
(f)
The subdivider shall not be permitted to leave
any hills or mounds of dirt around the tract. All surfaces shall be
restored within six months of the time of the completion of the section
of the subdivision.
(6)
Floodplain.[1]
(a)
Mapping. If any portion of the land within the
subdivision is subject to inundation or flood hazard by stormwater,
such fact and portion shall be clearly indicated on the preliminary
plat and the prominent note on each sheet of such map whereon any
such portion shall be shown.
(b)
Use. Land subject to flooding, and land deemed
by the Planning Board to be otherwise 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.
(7)
Drainage improvements.
(a)
The subdivider may be required by the Planning
Board to carry away by pipe or open ditch any spring or surface water
that may exist either previous to, or as a result of the subdivision.
Such drainage facilities shall be located in the street right-of-way
where feasible, or in peripheral unobstructed easements of appropriate
width.
(b)
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 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 Chapter 165, Zoning, of the Code of the Village of Akron in the watershed.
(c)
The subdivider's engineer shall also study the
effect of each subdivision on the existing downstream drainage facilities
outside the area of the subdivision; this study shall be reviewed
by the Village Engineer. Where 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.
(8)
Parks, playgrounds or open space.
(a)
Land shall be reserved for park, playground,
open space or other recreational purposes in locations designated
on the Comprehensive Plan or elsewhere where the Planning Board deems
that such reservations would be appropriate. For a major subdivision,
each reservation shall be of an area equal to 10% of the total land
within the subdivision, but in no case shall a reservation be less
than one acre. The area to be preserved shall possess the suitable
topography, general character and adequate road access necessary for
its recreational purposes.
(b)
Where a major subdivision is too small to establish
an adequate recreation area site, where the land in a subdivision
is unsuitable in character or where the Village Comprehensive Plan
or good planning judgment would not locate a recreation area, or in
the case of a minor subdivision, the applicant will be required to
provide a cash equivalent in an amount set forth from time to time
by resolution of the Board of Trustees, deposited with the Village
Clerk-Treasurer for the account of the Village Park, Playground and
Open Space Trust Fund, to be used for acquisition of such areas in
suitable locations.
[Amended 9-21-1998 by L.L. No. 7-1998]
(c)
Where the Planning Board requires land to be
set aside for parks, playgrounds or other recreational purposes, the
Board shall require that the site be graded, loamed and seeded and
may require it to be fenced.
(d)
When area for park, playground, recreational
purposes or open space shall have been required on the subdivision
plat, the approval of said subdivision plat shall not constitute an
acceptance by the village of such an area.
A.
The developer, before the approval of the subdivision
plat, shall complete all improvements to the satisfaction of the Village
Engineer, or post a performance bond sufficient to ensure the satisfactory
completion of the following required improvements, except where waivers
may be requested, and the Planning Board may waive, subject to appropriate
conditions, such improvements as it considers are not requisite in
the interest of public health, safety and general welfare.
(1)
Streets. All streets shall be constructed, graded
and paved in accordance with the standards and specifications on file
in the Village Clerk-Treasurer's office.
(2)
Storm drains, culverts, catch basins and other drainage
structures shall be installed in accordance with the standards and
specifications on file in the Village Clerk-Treasurer's office and
in accord with the final map approved by the Planning Board. All pipe
shall comply with the requirements of the current New York State Highway
Department specifications governing construction of these facilities.
The location, length, depth, size, grade and type of pipe shall be
designated in the plans. If unusual conditions are discovered at the
time of construction, which are not provided for on the plans, the
Village Engineer shall determine the type and extent of construction
required to overcome such conditions.
(3)
Curbing shall be constructed on both sides of all
streets shown on all proposed subdivision plats and in accord with
the construction standards on file in the Village Clerk-Treasurer's
office.
(4)
Sidewalks shall be required on both sides of the street
and constructed in accord with the standards on file in the Village
Clerk-Treasurer's office.
(5)
Driveway aprons shall be required between the curbing
and the sidewalk and shall be of six-inch concrete meeting the same
specifications established for curbing.
(6)
Street signs shall be of metal and shall be installed
at the intersection of all streets in conformity with village specifications
at the locations approved by the Planning Board.
(7)
Grass strips shall be provided within the portion
of the street right-of-way beyond the curbline and shall be properly
graded and seeded.
(8)
Street trees shall be planted in every subdivision
at intervals from 40 feet to 60 feet along both sides of the street.
Existing trees may be taken into consideration when determining the
above. Trees shall be at least three feet from any sidewalk and located
on the building side of the walk rather than the street side. Where
dwelling structures are oriented with their rear on the street, street
trees shall be at least six feet from the curbline. Trees should also
be at least 10 feet from any line which is directly under utility
wires. The average trunk diameter shall be at least two inches and
an average height of six feet above finished grade level is required.
Such trees shall be of a species and at locations approved by the
Planning Board. No tree shall be planted within 25 feet from an existing
or proposed street light or street intersection.
(9)
Shade trees, other than within the right-of-way, may
be required when, taking into consideration the existing trees on
the lots, the Planning Board shall deem it necessary. Such trees shall
be in conformance with the standards of size, kind and locational
limitations prescribed for trees along the street line.
(10)
Streetlighting facilities shall be provided along
all streets in the subdivision and along all streets upon which the
subdivision abuts. Such lighting facilities shall be in accordance
with the village standards and shall be installed as approved and
directed by the Village Engineer.
(11)
Sanitary sewers and treatment disposal facilities
shall be required. Where a public sanitary sewer is reasonably accessible,
the subdivider shall connect or provide for connection with such sanitary
sewer and shall provide within the subdivision the sanitary sewer
system required to make the sewer accessible to each lot in the subdivision.
Sewer systems shall be approved by the village and state health official(s)
and be in accordance with other requirements of law. The construction
is subject to the Supervision of the Village Engineer.[1]
(12)
Where a public water main is within 500 feet, the
subdivider shall connect with such water main and provide a water
connection for each lot in accordance with village standards, procedures
and supervision.[2] Fire hydrants shall be required and shall be installed
in the locations approved by the Village Engineer and in accord with
the New York State Board of Fire Underwriters.
(13)
Permanent monuments shall be set at block corners
and at intervals of approximately 500 feet, or such other distance
as the Planning Board may determine appropriate, and their location
shall be shown on the subdivision plat. Iron pipes shall not be considered
permanent monuments for the purpose of these regulations. Standards
for monuments are on file in the Village Clerk-Treasurer's office.
B.
Permitted modifications.
(1)
Sidewalks may be omitted on one or both sides of the
street to the extent deemed appropriate by the Planning Board. Payment
of an amount as set forth from time to time by resolution of the Board
of Trustees shall be paid the village in lieu thereof.[3]
[Amended 9-21-1998 by L.L. No. 7-1998]
[3]
Editor's Note: The current fee schedule is
on file in the Village offices.
(2)
Where curbing and/or sidewalks are not provided, adequate
provision for the protection of the edge of the road pavement, and
graded shoulders, at all driveway openings and other accessways shall
be provided in a manner approved by the Village Engineer.
(3)
Where sidewalks and curbing are not provided, grass
curb strips shall not be required. However, grading and seeding of
the area between the pavement edge, shoulder or approved drainage
structure and the front property line of the lot shall be provided.
(4)
Individual sewage disposal systems (septic tanks)
may be provided in lieu of facilities connected to a public sanitary
sewage disposal system. Where such system is not reasonably available,
such on-site disposal systems shall not be subject to the provisions
of these regulations regarding subdivision control but shall be subject
to all other applicable laws and regulations of the village, county
and state. Sewage lagoons shall be prohibited.[4]
(5)
Individual on-site water supply systems may be provided
in lieu of providing a water supply connected to a public utility
system. Where such a system is not reasonably available, such on-site
water supply systems shall not be subject to the provisions of these
regulations regarding subdivision approval but shall be subject to
all other applicable laws and regulations of the village, county and
state.[5]
(6)
Fire hydrants may be omitted where adequate water
mains which are a part of a public utility water system are not either
existing or proposed to be available to the subdivision.
A.
Preliminary plat. Preliminary plats submitted to the
Planning Board shall be drawn to a scale of not more than one inch
equals 100 feet and shall show the following information:
(1)
The location of the property with respect to surrounding
property and streets. There shall also be included a key map at a
scale of one inch equals 500 feet showing all streets, streams and
property within 1,500 feet of the applicant's property. All property
held by the applicant in the area should be identified.
(2)
The location and approximate dimensions of all existing
property lines (include entire area proposed to be subdivided and
remainder of the tract owned by the subdividing owner).
(3)
All pertinent features, such as existing structures,
streets, railroads, water bodies, streams, swamps and large trees,
that may influence the design of the subdivision, and topography at
a contour interval of not more than five feet, unless waived by the
Planning Board.
(4)
The location, width and approximate grade of all proposed
streets. Approximate elevations shall be shown at the beginning and
end of each street, at street intersections and at all points where
there is a decided change in the slope or direction.
(5)
The approximate location, dimensions and area of all
proposed or existing lots.
(6)
The approximate location and dimensions of all property
proposed to be set aside for playground or park use.
(7)
The names of all property owners of record or the
names of developments within 500 feet.
(8)
The name and address of the owner or owners of land
to be subdivided, the name and address of the subdivider, if other
than the owner, and the name of the land surveyor.
(9)
The date, true North point and scale.
(10)
Acreage of tract to be subdivided to nearest tenth
of an acre.
(11)
Proposed provision of water supply, fire protection,
disposal of sanitary waste, stormwater drainage, street trees, streetlighting
fixtures, street signs and sidewalks, data on which must be available
for consideration at this stage.
(12)
Each block shall be numbered, and the lots within
each block shall be numbered consecutively in accordance with the
procedure established by the village. The total number of residential
lots shall be noted on the plat.
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 parts 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 the 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, name of the village and
county.
(5)
The date, true North point, map scale, name and address
of owner and/or subdivider.
(6)
The plat to be filed with the County Clerk shall be
on uniform size sheets in accordance with New York State statutes.
C.
Major subdivision plat. Major subdivision plats shall
be accompanied by separate construction detail sheets, and both shall
be submitted to the Planning Board for approval, as follows:
(1)
Drawing, scale and size of plat and construction detail sheets. The subdivision plat and construction detail sheets shall be clearly and legibly drawn on a stable transparent base (Mylar, cronaflex, etc.). In areas zoned for lots of minimum size of 20,000 square feet or more, maps and profiles shall be at a scale of one inch equals 100 feet. In areas zoned for lots less than 20,000 square feet, maps and profiles shall be at a scale of one inch equals 50 feet. Maps shall be on uniform size sheets in accordance with the New York State statutes. Whenever any project is of such size that more than one sheet is required, then an index map on the same size sheet shall accompany these sheets. The construction detail sheets shall show all items included in Subsection C(4) of this section and as actually constructed.
(2)
Information to be shown on plat. Plats shall show
the following information:
(a)
Proposed subdivision name or identifying title
which shall not duplicate or too closely approximate that of any other
development in the village.
(b)
Date, true North point and scale.
(c)
Name, address and signature of owner, subdivider
and licensed engineer or land surveyor.
(d)
Names of owners on record of abutting properties
or developments.
(e)
Locations, names and widths of existing streets,
highways and easements, building lines, parks and other public properties.
(f)
Locations and widths of all streets and sidewalks,
together with names of streets, and location, dimensions and status
of all easements proposed by the subdivider.
(g)
Lot areas in square feet.
(h)
Lot lines with accurate dimensions and bearings
of angles.
(i)
Sufficient data to determine readily the location,
bearing and length of all lines and to reproduce such lines upon the
ground.
(j)
Radii of all curves and lengths of arcs.
(k)
Location, material and approximate size of all
monuments.
(l)
The accurate outline of all property which is
offered, or to be offered, for dedication for public use, with the
purpose indicated thereon, and of all property that is proposed to
be reserved by deed covenant for the common use of the property owners
of the subdivision.
(m)
Acreage of tract to be subdivided to nearest
tenth of an acre.
(n)
Each block shall be numbered and the lots within
such block shall be numbered consecutively in accordance with the
procedure established by the village. The total number of residential
lots shall be noted on the plat.
(4)
Construction detail sheets. Construction detail sheets
shall show the following information, except that where requirements
have been waived, applicable specifications may be omitted:
(a)
Profiles showing existing and proposed elevations
along the center lines of all streets. Where a proposed street intersects
an existing street or streets, the elevation along the center line
of the existing street or streets, within 100 feet of the intersection,
in both directions, shall be shown. All elevations must be referred
to established United States Government or approved local bench marks,
where they exist within 1/2 mile of the boundary of the subdivision.
(b)
The Planning Board may require, where steep
slopes exist, that present elevations of all proposed streets shall
be shown every 100 feet at five points on a line at right angles to
the center line of the street, and said elevation points shall be
at the center line of the street, each property line and at points
30 feet inside each property line.
(c)
Plans and profiles showing the location and
a typical section of street pavements, including curbs and gutters,
sidewalks, manholes and catch basins; the locations of street trees,
streetlighting standards and street signs; the location, size and
invert elevations of existing and proposed sanitary sewers, stormwater
drains and fire hydrants; and the exact location and size of all water,
gas, electric or other underground utilities or structures.
(5)
All plans shall conform to the village minimum road
specifications and shall be subject to the approval of the Village
Engineer.
A.
Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, 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 Comprehensive Plan or Chapter 165, Zoning, of the Code of the Village of Akron, if such exists.
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.
