The Planning Board, in considering an application
for subdivision, shall be guided by the following considerations and
standards, which standards shall be deemed to be the minimum requirements
for the convenience, health, safety and welfare of the village.
All reservations and easements shall be clearly
indicated on the final subdivision plat, along with appropriate notations
indicating the rights which exist with respect to each such reservation
and/or easement.
A. Park reservations.
(1) General standards. The Planning Board may require
that land be reserved within subdivisions for a park or parks suitably
located for playground or other recreational purposes. Each reservation
shall be of suitable size, dimensions, topography and general character
and shall have adequate street access for the particular purpose or
purposes envisioned by the Planning Board. The area shall be shown
and marked on the plat as "reserved for park purposes."
(2) Minimum size. Area for parks shall be of reasonable
size for neighborhood playgrounds or other recreational uses. Not
more than 10% of the area of the subdivision shall be set aside for
such purposes.
[Amended 5-15-1989 by L.L. No. 17-1989]
(3) Ownership of park area. The ownership of reservations
for park purposes shall be clearly indicated on the plat and established
in a manner satisfactory to the Planning Board so as to assure their
proper future continuation and maintenance.
(4) Cash payment in lieu of reservation. Where the Planning
Board determines that a suitable park or parks of adequate size cannot
be properly located in a subdivision or where such a reservation is
otherwise not appropriate or 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 Planning Board. Moneys collected
in such fashion shall constitute a trust fund, which shall be utilized
only for park, playground or recreation purposes, including the acquisition
of land, or for historic preservation purposes or otherwise as provided
by law. To the extent that Subdivision 1 of § 7-730 of the
Village Law may be inconsistent with this section, said provision
of the Village Law is superseded by this section.
B. Widening or realignment of existing streets. Where
a subdivision borders an existing street which is narrower than the
recommended right-of-way width as specified for such streets in these
regulations or where a subdivision borders an existing street planned
for widening or realignment in such a way as to require the use of
some land in the subdivision, the Planning Board may require the subdivision
plat to show such areas which shall be marked "reserved for street
alignment (or widening) purposes." Land reserved for such purposes
may not be counted in satisfying yard or area requirements of the
Zoning Law.
C. Utility and drainage easements.
(1) Where topography or other conditions are such as to
make impractical the inclusion of utilities or drainage facilities
within street rights-of-way, perpetual unobstructed easements of at
least 20 feet in width shall be provided for such utilities or drainage
facilities across properties outside the street lines and with satisfactory
access to the street. Drainage easements shall extend from the street
to the watercourse or other drainage facility and shall convey to
the holder of fee title of the street the perpetual right to discharge
stormwater runoff from the street and the surrounding area onto and
over the affected premises by means of pipes, culverts or ditches
or a combination thereof, together with the right to enter said premises
for the purpose of making such installations and doing such maintenance
work as the holder of such fee title may deem necessary to adequately
drain the street and the surrounding area.
(2) When a proposed drainage system will carry water across
private land outside the subdivision, appropriate drainage rights
must be secured in a form satisfactory to the Village Attorney and
suitable for recording in the office of the County Clerk.
D. Slope easements. Where determined appropriate by the
Planning Board, said Board may permit an embankment alongside a proposed
street to extend beyond the normal right-of-way of such street, provided
that a slope easement is granted, conveying to the holder of fee title
of the street the right to enter the premises for the purpose of maintaining
such slope. Where the embankment slope is located on private land
outside the subdivision, such easement shall be permitted only where
the appropriate rights have been secured in a form satisfactory to
the Village Attorney and suitable for recording in the office of the
County Clerk.
E. Sight easements. Sight easements shall be provided
across all street corners, outside the street right-of-way and within
the triangular area formed by the nearest edges of street pavement
and a straight line between two points each 75 feet back from the
theoretical intersection of the edges of such pavement prolonged.
The easements shall provide that the holder of fee title to the abutting
streets shall have the right to enter the easement area for the purpose
of clearing, pruning or regrading so as to maintain a clear line of
sight in either direction across such triangular area between an observer's
eye three and 3.5 feet above the pavement surface on one street and
an object one foot above the pavement surface on the other. The initial
establishment of clear sight lines within the sight easement area
shall be the responsibility of the subdivider.
F. Easements for pedestrian access. The Planning Board
may require, in order to facilitate pedestrian access from streets
to schools, parks or neighboring areas, the reservation of perpetual
unobstructed easements of at least 10 feet in width for such purposes
and the construction of walkways thereon.
The subdivider may place restrictions which
are greater than those required by the Zoning Law on any of the land
contained within the subdivision. Such restrictions shall be indicated
on the final subdivision plat.