[Amended 2-19-2008 by L.L. No. 1-2008]
The following improvements are necessary to
assure that all lots in subdivisions are adequately and properly served
with utilities, sanitation features which provide a healthy and safe
environment and other safeguards which assure that property is properly
identified, accessible to pedestrians and to vehicles and safeguarded
against dangers such as flooding and erosion. Improvements are required
to preserve, to the greatest extent possible, the natural features
of the land and to make the subdivision an attractive and desirable
place to live.
A.
Preservation of natural features. Wherever practical,
natural features of the property being subdivided shall be preserved.
(1)
To the fullest extent possible, all existing trees
and shrubbery shall be preserved by the subdivider. The subdivision
should be designed with consideration being given to the preservation
of natural features. Precautions also shall be taken to protect existing
trees and shrubbery during the process of grading the lots and roads.
Where any land other than that included in public rights-of-way is
to be dedicated to the public use, the developer shall not remove
any trees from the site without written Planning Board approval.
(2)
Where a subdivision is traversed by natural surface
water, the boundaries and alignment of the body of water shall be
preserved unless the Planning Board finds that a change would be ecologically
sound and would enhance the development and beauty of the project.
All proposed changes in the boundaries of bodies of water shall be
referred to the Planning Board for review and recommendation and be
designed and approved in accordance with Article 15 of the New York
State Environmental Conservation Law.
(3)
Every effort should be taken by the subdivider in
designing a project to preserve unique physical features, such as
historic landmarks and sites, rock outcroppings, hilltop lookouts,
desirable natural contours and similar natural features.
B.
Utilities. These improvements are required to assure
that the property is adequately served by water, sewer and drainage
systems and by electric power and other fuel-distribution systems.
To assure that these systems are properly installed and easily repaired,
inspection of the installation of these improvements is required.
(1)
Water distribution: a system of transmitting potable
water to the subdivision and appurtenances in adequate amounts for
the normal use of each lot in the proposed subdivision. One system
of water distribution is possible.
(a)
Public water supply systems. Public water supply
from the Village of Penn Yan shall be provided wherever existing water
mains are reasonably accessible in the opinion of the Planning Board.
The system must be approved by the Penn Yan Municipal Utilities Board
and the New York State Department of Health and must conform to Design
and Construction Standards for Land Development of the Village of
Penn Yan.
(2)
Sanitary sewer systems. Sanitary sewage is the combination
of human and household wastes with water. These sewer systems are
used to dispose of sanitary sewage from individual lots in a subdivision.
One type of sanitary sewer system is permitted.
(a)
Public sanitary sewer system. All public sanitary
sewer systems must be approved by the Penn Yan Municipal Utilities
Board and the New York State Department of Health, whichever is applicable.
Public sanitary sewers shall be provided whenever existing sanitary
sewers are reasonably accessible in the opinion of the Planning Board.
These systems also must conform to the Design and Construction Standards
for Land Development of the Village of Penn Yan.
(3)
Drainage systems. These are a combination of natural
watercourses and man-made facilities intended to convey stormwater
runoff and shall conform to the Design and Construction Standards
for Land Development of the Village of Penn Yan.
(a)
Adequate and comprehensive drainage systems
shall be provided in accordance with the natural direction of runoff
for the total upland watershed area affecting the subdivision. Such
drainage systems shall have sufficient capacity to accommodate the
potential future runoff based upon the probable land use and ultimate
development of the total watershed area upland of the subdivision.
(b)
In general, the preservation of natural watercourses
is preferable to the construction of drainage channels and, wherever
practicable, such natural watercourses shall be preserved and utilized.
(4)
Easements. Utility and drainage easements are required
for all proposed subdivisions.
(a)
Utility easements. An easement shall be provided
for all utility lines wherever those utility lines do not fall within
a dedicated right-of-way. All utility easements shall be plotted on
both the preliminary and final subdivision plat. The developer must
identify all easements in deeds for each lot affected. Utility easements
shall have a minimum width of 10 feet. 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 interruptions of services.
(b)
Drainage easements. Drainage easements shall
be provided for all natural and man-made drainageways which do not
fall within a dedicated right-of-way. All drainage easements shall
be plotted on the preliminary and final plats. The Village shall be
provided with a metes and bounds description of all proposed easements
prior to final plat approval. These descriptions will be used by the
Code Enforcement Officer and the attorney for the Village in creating
or extending special districts.
(c)
The Planning Board reserves the right to require
additional easements when the purposes of the easements are found
to be in the public interest.
(5)
Inspection. The installation of improvements shall
be subject to inspection at all stages by representatives of the Village
of Penn Yan. For this purpose, free access shall be afforded and requested
information shall be promptly submitted. The cost of such inspections
shall be approved by the Code Enforcement Officer and included in
the value of the surety submitted for the project.
C.
Site surface improvements. These improvements are
required to assure that the ecology of the subdivision is not disturbed
adversely; that the subdivision presents an attractive appearance;
that it is properly paved and monumented; and that all improvements
are recorded on the final plat for approval by the Village of Penn
Yan.
(1)
Erosion control. Every effort should be taken by the
subdivider in designing a project to preserve unique physical features
such as historic landmarks and sites, rock outcroppings, hilltop lookouts,
desirable natural contours and similar natural features. Erosion and
sedimentation control shall conform to the Design and Construction
Standards for Land Development of the Village of Penn Yan.
(a)
During the development process, the developer
shall expose the smallest practical area of land at any one time.
Proper erosion control measures shall be in place prior to any area
being disturbed. Examples of normal erosion control are straw baling,
silt dams made of synthetic materials and siltation collection depressions.
[1]
Topsoil moved during the course of construction
must be stored in such a manner as to allow for minimum volume to
be stacked or stored at any one time. The stacking or storage period
should be kept as short as possible.
[2]
Removal, storage and redistribution of topsoil
must be consistent with the phasing of construction for the purpose
of reducing the need for the storage of large volumes of soil over
a lengthy period. Soil shall be redistributed so as to cover all areas
of the subdivision adequately and shall be stabilized by seeding or
planting. Topsoil which is stored shall be stabilized by seeding.
[3]
Removal of any topsoil from the site must be
approved by the Planning Board.
(b)
Temporary vegetation and/or mulching must be
provided to prevent potential erosion problems during construction.
(c)
Upon completion of the project, the subdivider
shall not be permitted to leave any hills or mounds of dirt around
the tract. All surfaces should be restored within six months of the
time of the completion of the section of subdivision.
(d)
Upon completion of the project, the subdivider
shall not be permitted to leave any surface depressions which will
collect pools of water except as may be required for retention of
stormwater runoff.
(2)
Landscaping. Landscaping is the improvement of land
by contouring and decorative planting which includes vegetative ground
cover.
(a)
All lots which are disturbed during the course
of construction and which are not covered by structures or paving
shall be properly landscaped by the developer.
(b)
Individual homeowners, by written agreement
with the developer, subdivider or builder, may landscape their yard
independently.
(c)
Additional landscaping may be required by the
Planning Board to screen or buffer the subdivision from a visually
noncompatible use.
(3)
Street signs. Permanent street signs of the same type
and design in general use throughout the Village showing the names
of intersecting streets shall be erected at each intersection.
(4)
Monuments. Permanent reference monuments shall be
set at critical corners and angle points of the boundaries within
the subdivision: generally, critical corners and angle points in the
boundaries of the parcel being subdivided and in street right-of-way
boundaries at all street intersections. Variations to this general
rule shall be permitted with Planning Board approval. Requests for
deviations shall be made prior to preliminary plat into the subdivision
plan of the final plat. All monuments shall be constructed in conformance
to specifications set forth in the Design and Construction Standards
for Land Development of the Village of Penn Yan.
(5)
Roads and streets. All dedicated roads and sidewalks
shall be constructed in conformance to specifications set forth in
the Design and Construction Standards for Land Development of the
Village of Penn Yan.
(6)
Sidewalks. Installation of sidewalks shall be required
as part of any subdivision, except in cases of one- or two-lot subdivisions
where installation of sidewalks is unnecessary. Sidewalks shall conform
to the Design and Construction Standards for Land Development of the
Village of Penn Yan. Sidewalks shall be located within the street
right-of-way or a pedestrian access easement.
(7)
Planting. Adequate tree planting shall be completed
by the developer when deemed necessary by the Planning Board. Street
trees shall not be less than 40 nor more than 50 feet apart. Tentative
tree species will be indicated on the preliminary plat. Generally,
trees shall not be less than two inches to 2 1/2 inches in diameter
at the base at the time of planting. They may be planted on either
side of the sidewalk unless the planting strip is less than eight
feet, in which case they should be planted in the lawn area. Trees
must be adequately supported by guy wires until firmly rooted.
